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HomeMy WebLinkAboutExhibit 1Exhibit 1 9 a FURY REVOCATION HEARING - 4/15/2008 1 (Pages 104 to 107) Precise Reporting Service 714- 647 -9099 �,l Page 104 Page 106 2 EXHIBITS FOR M 2 CITY: IDENTIFICATION EVIDENCE 3 2 Noticeoffiral Approval Re Use Permit 2005 -018 FURY REVOCATION HEARING 4 TUESDAY, APRIL 15, 2008 3 Permit to Conduct Live 5 EnRttaimmn June 15,2007 NEWPORT BEACH, CALIFORNIA ' 6 4 Cafe Douce Permit, 7 -2 -07 7 5 California Department ofAkoholie 10:30 a.m. Beverage Control License Query 8 System Smm®ry, 24-08 9 6 Site Plan for Hambmger Mary's (3 pages) (withdrawn) HEARING RE "THE FURY" taken at 3300 Newport 10 7 Fury Tenant Improvement by TJ Boulevard, Newport Beach, California, commencing at 11 Design drawings 12 8 Memo to Aaron Harp from Shamon 10:30 a.m., Tuesday, April 15, 2008, before Levin re: Fury Rok &Rol Sushi NANCI L. GRUBE, CSR No. 3446. 13 Lounge Code Enforcement Tasks, 11 -15 -07 14 THOMAS W. ALLEN, HEARING OFFICER- ptlaw@sbeglobal.net BA Copyofphotograph taken 15 11 -15 -2007 of STEPHEN JAMIESON, ATTORNEY FOR 'THE FURY" 16 BE Copy ofphotograph taken JUNE AB.I N, ATTORNEY FOR THE CITYjailinloawanomeys.com 17 of H-15-2007.f SC Copy ofphotograph taken LB 11- 15- 2007of 19 BD Copy ofphotograph taken H-15-2007.f of 20 BE Copy oftbologreph taken 21 11 -15 -2007 ofear, license plate. m bar 4KEGG315 22 8F Copy ofphotagraph taken 23 I1 -15 -2007 of 24 25 Page 105 Page 107 FOR I 2 INDEX a CITY: mIa1TITCAnory EVIDENCE 3 3 9 Mem9m Aaron Hmp 6om Sharvwn Levmre Fury Rok &Rol Suck 4 CITYS WITNESSES 4 Lounge Code Fmfsve enl Tasks, 125 -07 5 5 6 DIRECT CROSS REDIRECT RECROSS ARBITRATO 9A Copyof0tow ro htakam 6 98 II -29 -2007 afrats,license 7 plate nuraW4KEGG315 end 3KTS073 a KRIST7 PARKER 9C Cpyofphacglapbwken 9 139 159 217 a 9D 11- 29- 2007d.1icense plare number 6AFS664 and 5EM720 10 DOUGLAS WILLIAM JONES 9 11 222 234 292 295 anrw 10 Memo.Amon Hmp WnSh n 10 Levin r. Fury Rd: &Rol Susk 12 DAVID STARK LP"rge Ook lintmenem Tusks, 13 297 305 320 12 Ion Hof homograph tA. 14 ELIJAH HAWARD 1-30-2007(sic)ofausjicense 13 plahnumberaKEGG315aN FSM4 15 324 329 344 345 pates Pttrottug 14 16 108 Copy ofplwtowspntakm 17 15 130.2007 (sir) of. liceme plate number SPBM8145 a el3RYA634 18 EXHIBITS 16 ardansw 17 10C Copy of plarogrnph taken 19 1.311 -2007 (sic) of care, liceme 20 FOR IN la p1=number4KEGG315ard6207493 21 CITY: IDENTIFICATION EVIDENCE 19� 22 too Copyofphotagrephtaken 20 t -30-2 (sw) ot`=, lioaae 1 Hamburger Mary's Bar and pke.umber SPBMA14and5 742 21 pselmir 23 Grille Vicinity Map for ( 22 IOE Fmk® 4221 Dolphin Striker Way I-3azoo7(sk)ofems,',^^e- 23 number 68CF9485, 6AFS664, 24 late 24 25 25 Precise Reporting Service 714- 647 -9099 �,l a FURY REVOCATION HEARING - 4/15/2008 6 (1—&ges 1VC LD 111) Page 109! Page 111 1 Ftli)BI'IS Page 108 EXHIBf1S Page 110 1 EXHIBITS FOR IN CITY: IDENTIFICATION EVIDENCE 1 EXHIBITS i 3 FOR IN 4 Fury Even ti&M FOR IN 2 CITY: IDENTIFICATION E TDENCE (February to May) 2 CITY: IDENTIFICATION EVIDENCE 3 WE Copy ofphotsraph taken 3 30 Newport Beach Police 18 webpageprvacutfra.lser 1 -30 -2007 (sic) ofcaa, license Use Permit 3162 6 Deparbneat Supplemem al 4 plate number 6101493 and 6X 13163 7 4 Report Overcrowding Citation, "File Copy" stamped on it sad two other cars 19 You Tube virlw 7 DR No 08 -873 5 5 20 FI.yfilmaw 10G Copy ofpbow®aph taken 1 -17 -08 9 31 Newport Beach Police 232 6 1- 30.2007(sic)ofcm, lions, 0 6 Department Tile 20 2 -21 -09 plate amber 6BCE948 (due, 22 Advetisammt kOa, 10 Zoning Violation, 7 photographs oflicense plate) 7 DR no. 08-01078 8 1014 Copyofpbran raphtaken handwriting "used for a 32 Newport Beach Police 234 1- 30-2007 (sic) of.,& license 13 Asaviala as Quarterly Department Title 20 9 place number 3XMZ501, 6Z07493, Crass Sala ofAkehd For Fury Rok & Rd Sushi Low c 9 Zoning Violation, 6BCE948 and 3RYA634 13 DR No. 08.02232 10 41F Nod" of Public Hearing, 10 24 Du'IY Cmsolidnloi System 14 101 Copy ofphowgraph taken 16 sale Dead 141 -0710 1 -314,9 33 Newport Beach Police 11 1- 30- 20o7(sic) ofcam, license M Daily Caaolidawsyalan 11 Department Arrest 18 plate ...her 5YTG742, 5DM3958, 16 Report, DR No. 07 -7602 12 6X13163 and 4DZT513 4117 P.Mc Notice 12 Doag)pps&omDew. 13 1W Copy ofp1mingapt, talk. Dave Starkre Fury,lo.t907 34 Newport Beach Police 42 Color phomgraph ofpazkiug 1.30 -2007 (sic) of., license 13 D,pammtenl Amen 14 plate number 5PBM814 19 43 Frly lam nigh norm Repom DR No. 074809 15 It C.Pyof Foryadverasementfia EXHIBITS 14 RokmNRolsushi Lange 2008 New Year's Celeberde. 22 35 Newport Beach Police 16 28 Nrwpwt Beach Ponce 231 15 Department Battery 23 12 Advertisement been 22 1 Use Permit No. 3612 on a Police Officer, 17 www.sienuemerlaioment.com 2 Use Perrot No. 2005 -018 16 DR No. 07 -9066 18 13 Copyofadeemsementre0ecting 25 17 36 Newport Beach Police 4 Cafe Dance Permit Thursday Nights Club Eclipse at Depemment Arrest 19 Fary Rok .'Rol Sushi Lounge 18 Report. DR No. 07-9067 20 14 MySpace advcltisement for Fury 19 37 Newport Beach Police Lounge Depamment Arrest 21 20 Report, DR No. 07 -9068 15 Web page printout from 21 38 Newport Beach Police 22 Ticket Triangle reflecting Depamnenl Arrest The Sociel Group tickets 22 Report, OR No. 08 -S72 23 (February, w May) 23 39 Newport Beach Police 24 16 Web pageprintout from Department Arrest Ticket Triangle reflecting 24 Report, DR No. 084,1141 Page 109! Page 111 1 Ftli)BI'IS 1 EXHIBf1S a FOR IN CITY: IBemI ATION EEVIDENCE 2 FOR IN CITY: IDENTIFICATION EVIDENCE 1 17 w�si loot t L i 3 40 Lelterdwed9 -4 -07m 4 Fury Even ti&M Fury Rok & Rol Sushi. (February to May) 4 Brian Sehillim from Shannon s Levi re: Violation of 18 webpageprvacutfra.lser 5 Use Permit 3162 6 rematin, The social Gary Iirktl5 (FRYU Vy to MiY) 6 41A Avery mailing list with 7 "File Copy" stamped on it 19 You Tube virlw 7 a 41B Notice of Public Hearing, 20 FI.yfilmaw 8 1 -17 -08 9 21 Fmylautrcnu 9 41C Notice of Public Hearing, 0 2 -21 -09 22 Advetisammt kOa, 10 11 sl><dalrugh issue 41D Avery mailing list with 12 marriue u Pluming Oryarpnnll leas 11 handwriting "used for wMi�hael l'IwofBamrd & mailing 2 -27 -2008 and 4 -4-2008 13 Asaviala as Quarterly 12 14 Crass Sala ofAkehd For Fury Rok & Rd Sushi Low c 4(E Si drelum reui gne pals (2) Odn RoccliMthg 13 is 41F Nod" of Public Hearing, 24 Du'IY Cmsolidnloi System 14 3 -5 -08 16 sale Dead 141 -0710 1 -314,9 15 41G Blank Certified Mail 17 M Daily Caaolidawsyalan RC(XipR 18 Sala Detmi 10.1 -07 m 16JI -OB 16 26 MmscratNwnw Denenee 300 4117 P.Mc Notice 19 Doag)pps&omDew. 17 Dave Starkre Fury,lo.t907 42 Color phomgraph ofpazkiug 20 19 lot showing dumpster 27 es Ricca, 211 302 19 43 Frly lam nigh norm 21 DEmAry 20 EXHIBITS RokmNRolsushi Lange 22 FOR IN 28 Nrwpwt Beach Ponce 231 21 FURY: IDENTIFICATION EVIDENCE 23 Depmpma Title 20 Living 22 1 Use Permit No. 3612 Violation, DR no 07 -11979 23 2 Use Perrot No. 2005 -018 24 29 Nespmm Beach Police 24 3 Live Entertainment Permit 25 Denartnaa Ti[ @70 Zativ, 25 4 Cafe Dance Permit Precise Reporting Service 714- 647 -9099 I,A FURY REVOCATION HEARING - 4/15/2008 3 \ YbIC_j. C.S' 116 LU 117 I Precise Reporting Service 714 - 647 -9099 1/� Page 112 Page 114 1 EXHIBITS 1 EitMUS 2 FOR IN 2 FOR IN 2 FURY: IDEM] ON EVIDENCE 3 FURY: IDENTIFICATION EVIDENCE 3 5 Newport Beach Municipal Code ode 2 4 Section 1.08.055 3 33 No description given 21 securiryFlan 4 34 No description given 5 6 NewpM4th Municipal Code 5 35 No description 5 Section 5.004.170 6 given 6 7 Newport Beach Municipal Code 6 36 No description given 7 Section 5.28.030 7 37 No description given e Newport Bach Municipal Code B 38 No description given a section 5.29.035 9 39 No description given 9 9 Newport Beach Municipal Code 10 40 Public Notice, 9 section 5.28.040 10 4 -15 -08 and 4 -18 -08 0 March 2ooa 11 of Aleshim & Wynder for the City of Newport Beach. 11 10 Newport Beach Municipal Code 11 11 Secfion 5.28.060 12 EXHIBFFS 12 11 Newport Beach Municipal Code 13 FOR IN 13 Section 5.32.040 13 ARBITRATOR: IDENTIFICATION EVIDENCE 12 Newport Beach Municipal Code 14 Al No description given 14 Section 15 A2 Stipulation Regarding ai g g 15 rtBea50 13 Newport Beach Municipal Cade Section 5.32.060 16 Certain Facts 16 xa Dining OutAmdere Fury 16 MR.JAMtF.SON: Yes. 17 14 Newport Beach Municipal Code is A3 Memo IO Stephen Jamieson 17 is section 5.96.040 15 Newport Beach Municipal Code 17 from June Ailin dated 4.9 -08 Section 5.32.010 is A4 Objections to City Exhibits 19 by heonofNe o.uaby beanng.and 20 for Use at Revocation Hearing 20 16 Newport Beacb Municipal Code 21 MR. JAM�SDN: To my knowledge, Sir, the 20 Section 10.50.020 19 Ridgeway involvement of Mr. Rid is that he is the landowner Y 21 17 NmportBeacb Municipal Code 20 22 Section 20.05.050 21 of the premises. He is not represented by me. As far 22 30 Notice from the Clry ofNewpon Reach 1 j 24 as I know, he is not represented by counsel in this 24 25 18 Newport Beach Municipal Code 22 proceeding, and he has -- there was a notice issue that 23 Section 20.69.060 23 24 19 Newport Beach Municipal Code 24 Section 20.82.060 25 i 25 Precise Reporting Service 714 - 647 -9099 1/� Page 113; Page 115 1 EXHIBITS 1 THE HEARING OFFICER: On the record. My dame is 2 FOR m FURY IDENTIFICATION EVIDENCE 2 Thomas W. Allen, and I've been assigned by the City as ] zo Californian & Roresiau 3 the Newport heart officer to consider the revocation ewp DFa 23038 Code section 33038 4 4 matter commenced by the City involving the Fury Rok and 21 securiryFlan 5 5 Rol Sushi Lounge. 6 22 Men 6 The date is April 15th, 10:30 am We have 23 Lunch Special cam 7 continued this hearing commenced this morning from March 7 24 Anicle "what Happens at B 5th. Let's see, may we have appearances for the record, 8 Fury," Dining on the Edge. oC Neat estinstion 9 please? 9 The ag z in orange coast The Magazine of0ange County 10 MS. AILIN: Certainly. June Ailin of the law firm "') 10 March 2ooa 11 of Aleshim & Wynder for the City of Newport Beach. 11 25nd nenphsofpre andFintenar andearaiF. of Fan and Food 12 MR.JAMIESON: And Stephen Jamieson, Solomon, 12 13 served at Fury 26 January 2008 Statem4t ofFOOd 13 Saltsman & Jamieson for the respondent. 14 and Alcohol Sales 14 THE HEARING OFFICER: Mr. Jamieson, you represent 27 Public Relations Prc&'atn 15 the Fury entity and the two individuals that are the 1s Ovavlew for Fury Rok& Rol saahi Won, 16 licensees here? 16 xa Dining OutAmdere Fury 17 MR.JAMtF.SON: Yes. 17 Rork & Rol Start lounge flan Fall/Winter 2007 is THE HEARING OFFICER: What is the status of is 19 Mr. Ridgeways representation and participation in this 39 Vnew/i ]9 by heonofNe o.uaby beanng.and 20 neuter, to you knowledge? 20 and hereby ifnoccurs and and is nerefied 21 MR. JAM�SDN: To my knowledge, Sir, the al 29 Certified Mail Mail - 22 Ridgeway involvement of Mr. Rid is that he is the landowner Y Receipt ROk&ROl 22 j 23 of the premises. He is not represented by me. As far 23 30 Notice from the Clry ofNewpon Reach 1 j 24 as I know, he is not represented by counsel in this 24 25 31 No description given 32 No dcacnpticn given 1 25 proceeding, and he has -- there was a notice issue that Precise Reporting Service 714 - 647 -9099 1/� FURY REVOCATION HEARING - 4/15/2008 4 (Pages 116 to 119) Page 118 didn't have that information. We talked about it. The hearing officer indicated that the hearing officer intended to have that, and then it was revised, but 1 realized when I was getting ready last night I had two different versions, so I just wanted to make sure that the one that is used here today is, in fact, the one that we -- THE HEARING OFFICER: The one that we handed out today is the one -- yes, and I believe there was that modification as a result of the March 51h hearing. MR. JAMIESON: Thank you very much. THE HEARING OFFICER: Todays procedure provides that the city bears the burden to demonstrate by a preponderance of the evidence the basis for the revocation, and the City will proceed with its presentation today first, and the record of the hearing will proceed as a normal covet proceeding. Insofar as the exhibits are concerned, we do have a stipulation as I understand it that isn't copied yet, but nevertheless does refer to a number of exhibits that were exchanged and submitted to me. Can we identi fy what ones those are that are already or agreed to be admitted? MS. AILIN: Exhibit 1, I guess I should say C1 — THE HEARING OFFICER: Yes. Page 119 MS. AILIN: Exhibit Cl, C2, C3, C4, C5, C20, C21, F22. MR. JAMIESON: Excuse me. On C20 and C21 it also includes Furys Exhibit 22. MS. AILIN: You are correct, F22, I believe I just said that. THE HEARING OFFICER: Uh -huh. MS. AILIN: C22, F27, C24 as to authenticity is a true and correct copy of reports provided to the City by Fury and C25 as to authenticity as copies of reports provided to the City by Fury. MR. JAMIESON; And if I may, the stipulation that Miss Ailin was just reading from reflects that as to C24 and C25, the last sentence of each reference is deleted from the stipulation -- well, let me make sure it's clear. As to C24 the last sentence is deleted from the proposed stipulation, and in C25 the last two sentences are deleted. MS. ALLIN: I don't believe Mr. Allen actually has a copy of this stipulation in any form. You and I haven't worked it out, so I have not given him a copy. THE HEARING OFFICER: That's all right I was primarily interested in whether we had some exhibits that we would not have to go through introduction as we proceed this morning, and it sounds like there will be. Precise Reporting Service 714 - 647 -9099 'A Page 116: 1 was brought up prior to today's proceeding, and to my i 1 2 knowledge, he has not been -- as the landlord or the 2 3 landlord itself has not been adequately noticed. 1 did 3 4 look at the documents that were faxed to me or scanned 4 5 to me by Miss Ailin, and I don't think that that 5 6 reflects that he was as landlord adequately noticed. 6 7 THE HEARING OFFICER: I understand. And he was 7 8 present at the February 21 planning commission meeting, 8 9 and he was present here this naming. And so as long as 9 10 that's on the record, then a determination can be made 10 11 at some future time as to whether he waived his right to 11 12 participate or otherwise. But in any event, you do not 12 13 represent him; is that correct? 13 14 MR. JAMIESON: I do not represent him, and 14 15 Mr. Ridgeway - -1 don't remember if he was here on the 15 16 21st of February or not. 16 17 THE HEARING OFFICER: The record -- the transcript 17 18 of that planning commission hearing depicts him as being 18 19 present and talking. 19 20 MR. JAMIESON: Okay. And also so that the record 20 21 is clear, Mr. Ridgeway is not here now. He is not here 21 22 at the time of this hearing. Mr. Ridgeway is as the 22 23 hearing officer indicated was walking around the counsel : 23 24 chambers here earlier this morning just before we j 24 25 started this hearing, but he is not here now for this 25 Page 1171 1 hearing. 1 2 THE HEARING OFFICER: 721W adopted hearing 1 2 3 procedures for this hearing. We have a two-page 3 4 document that's entitled Hearing Procedures, City of 4 5 Newport Beach and Fury Rok and Rol Sushi Lounge March 5 6 2008, and those will be the guiding principles for the 6 7 conduct of this hearing. We probably should mark these 7 8 as A -1 inasmuch as we — and for the record these only 8 9 have been changed to reflect the date of the continuance 9 10 that I had put in earlier. 10 11 MR. JAMIESON: Mr. Allen, if I could just inquire, 11 12 there was a heating procedure document that looked 12 13 similar to this that came out really in two different 13 14 versions. The version that I understand is the one that 14 15 we are using now reflects at least in one particular 15 16 subparagraph 1.20(d)2 that hearsay evidence may be used 16 17 for the purpose of supplementing or explaining other 17 18 evidence, but over time the objection shall not be 18 19 sufficient in itself to support a finding unless it 19 20 would be admissible over objections of civil action, and 20 21 there may be some other changes, too. I just want to 21 22 make sure were using the same one. 22 23 THE HEARING OFFICER: Is that a change from what 23 24 what we saw before? 24 25 MR. JAMIESON: The original one that came out 25 4 (Pages 116 to 119) Page 118 didn't have that information. We talked about it. The hearing officer indicated that the hearing officer intended to have that, and then it was revised, but 1 realized when I was getting ready last night I had two different versions, so I just wanted to make sure that the one that is used here today is, in fact, the one that we -- THE HEARING OFFICER: The one that we handed out today is the one -- yes, and I believe there was that modification as a result of the March 51h hearing. MR. JAMIESON: Thank you very much. THE HEARING OFFICER: Todays procedure provides that the city bears the burden to demonstrate by a preponderance of the evidence the basis for the revocation, and the City will proceed with its presentation today first, and the record of the hearing will proceed as a normal covet proceeding. Insofar as the exhibits are concerned, we do have a stipulation as I understand it that isn't copied yet, but nevertheless does refer to a number of exhibits that were exchanged and submitted to me. Can we identi fy what ones those are that are already or agreed to be admitted? MS. AILIN: Exhibit 1, I guess I should say C1 — THE HEARING OFFICER: Yes. Page 119 MS. AILIN: Exhibit Cl, C2, C3, C4, C5, C20, C21, F22. MR. JAMIESON: Excuse me. On C20 and C21 it also includes Furys Exhibit 22. MS. AILIN: You are correct, F22, I believe I just said that. THE HEARING OFFICER: Uh -huh. MS. AILIN: C22, F27, C24 as to authenticity is a true and correct copy of reports provided to the City by Fury and C25 as to authenticity as copies of reports provided to the City by Fury. MR. JAMIESON; And if I may, the stipulation that Miss Ailin was just reading from reflects that as to C24 and C25, the last sentence of each reference is deleted from the stipulation -- well, let me make sure it's clear. As to C24 the last sentence is deleted from the proposed stipulation, and in C25 the last two sentences are deleted. MS. ALLIN: I don't believe Mr. Allen actually has a copy of this stipulation in any form. You and I haven't worked it out, so I have not given him a copy. THE HEARING OFFICER: That's all right I was primarily interested in whether we had some exhibits that we would not have to go through introduction as we proceed this morning, and it sounds like there will be. Precise Reporting Service 714 - 647 -9099 'A FURY REVOCATION HEARING - 4/15/2008 5 (Pages 120 to 123) Precise Reporting Service 714 - 647 -9099 Page 120 Page 122 1 MR. JAMIESON: So down at the bottom of Exhibit 24 1 MR. JAMIESON: My thought would be, my suggestion 2 and Exhibit 25 referenced in the documents just handed 2 would be that we do have a site visit. I think it would 3 to you, that has not been redacted and changed, but I 3 be helpful to see the interior of it because the 4 think it's easy to indicate there that the last sentence 4 interior, I think, looks substantially different than 5 and the last two sentences of both of those were not 5 just the outside, and its different in temps of its 6 agreed to. 6 decor and location and so forth in some respects than 7 THE HEARING OFFICER: And there s a stipulation as 7 what it might have been in the past. Whether or not 8 to the facts stated in the commencement, essentially the 8 that's done today or on Friday or at some other point 9 statement that Miss Ailin placed in her hearing brief? 9 before it's completed, before this hearing is completed, 10 MR. JAMIESON: In some ways, yes. In some ways, 10 An open to whatever the hearing officer would like to 11 no. Perhaps we can just hand the hearing officer the 11 do. 12 stipulation now so he can see what it is. 12 THE HEARING OFFICER: All right. If that's -- 13 MS. AILIN: That's fine. 13 Miss Ailin? 14 MR. JAMIESON: Is this already signed? 14 MS. A11JN: 1 don't think a site visit is 15 MS. AILIN: Yes. 15 meaningful particularly if it's a site visit during the 16 MR. JAMIESON: Mr. Allen, I'm going to hand you 16 day when the establishment is essentially empty because 17 instead the actual one that has been signed and changed 17 its very easy, knowing that there is going to be a site 18 so that you can see what it is we have acmally agreed 18 visit, to put chairs where they are supposed to be, 19 to. 19 arrange the place to look like a restaurant as opposed 20 THE HEARING OFFICER: So the basics regarding the 20 to a bar or a nightclub and make it appear that that's 21 case have been stipulated to. That is the location, the 21 what it is. I think the only time a site visit could be 22 address, the size of the property, the building, the use 22 meaningful would be sometime between 11:00 p.m. and 1:00 23 permit applicable to it, occupancy and dates regarding 23 a.m. on a Friday or a Saturday night when the 24 commencement of operation. 24 establishment is operating normally without knowledge of 25 This may be A2, then. 25 the fact that there is a site visit going on. It's just Page 121 Page 123 1 MR. JAMIESON: Good. 1 too easy under the circumstances to -- for the limited 2 THE HEARING OFFICER: I'll just mark it. I can 2 purpose of a site visit make this establishment appear 3 keep it. 3 to be what its supposed to be, which is restaurant as 4 Arbitrators Exhibit A2 4 opposed to what it really functions as, which is a bar 5 was marked for identification and is 5 or other nightclub. 6 bound separately) 6 THE HEARING OFFICER: Let's do this: Let's not do 7 THE HEARING OFFICER: As I indicated, the hearing! 7 the site visit pursuant to a plan we adopt now. If as 8 today has been continued from March 5th, and we then 8 the hearing proceeds we fund that we are simply unable 9 will proceed through today and then commence again on 9 to grasp or understand the nature of the evidence 10 Friday, April 18 at 11:00 a.m., and then at — on April 10 because we don t understand the physical site, then we 11 22nd starting at 8:00 a.m. and April 24th at a time to j 11 can revisit the issue. 12 be determined, if necessary. 12 At the March 5th hearing the parties agreed 13 Mr. Jamieson has requested a site visit by 13 that there would be an exclusion of witnesses except for 14 counsel and me. 1 do not feel that a site visit is 14 counsel, reporter and, I believe, one person to be 15 necessary for my purposes. I'm very familiar with the 15 present for each side. Is that still your desire? 16 area, my office was close to there for many years. I 16 MR. JAMIESON: Yes. 17 have not seen the building either inside or outside 17 THE HEARING OFFICER: Have you each designated a 18 since it became the Fury, but I nevertheless am 18 person that you would have be present as your assistant 19 comfortable between the preliminary evidence that I've 19 representative or otherwise? 20 seen here that I'm aware enough of the physical plan to 20 MR. JAMIESON: On the Fury side the parry 21 know what we are talking about, but I'm certainly 21 representative will be David Gonzalez who's present here 22 willing to participate in a site visit if we can get it 22 today. 23 done on or prior to April the 22nd, so if you want to 23 MS. ARJN: And on the City side the party 24 discuss that now, that's fine or wait, either way you 24 representative will be Kristi Parker from the city 25 prefer. 25 attorney's office. She is also a witness, but I will Precise Reporting Service 714 - 647 -9099 r FURY REVOCATION HEARING - 4/15/2008 6 (Pages 124 to 127) Page 126 person or entity that is or will no longer be in possession and operation of the premises, then a proceeding to revoke a conditional use permit that mas with the land on the basis of such things would be ultimately inappropriate, without legal foundation or basis, and overall it would serve everyone's best interest, I believe, to defer this matter. This is something that I brought up prior to going on the record today because I wanted counsel and the hearing officer to be aware of what I was going to be requesting and why, and for the purpose of the record, I'm requesting it formally at this time. THE HEARING OFFICER: Miss Ailm, do you wish to respond? MS. AE.IN: Yes, and I have to admit hike Mr. Jamieson I have a habit of saying Your Honor when I'm in this setting, so I will -- I will probably slip into that as well. THE HEARING OFFICER: I understand that, and whatever language you use within bounds is fnc with me. MS. AUN: I was aware that there were discussions going on yesterday about a possible resolution involving a sale of Fury. The only thing I have been authorized to do is proceed with this hearing. I have no authority Page 127 to agree to continue it. The city attorney has not indicated to me that she has any desire that this hearing be continued. There are also some unanswered questions in Mr. Jamieson's request for the continuance. He has not told us anything about what the tinting of transfer of ownership would be, whether there would be an escrow, how quickly the issue would be resolved, even if the transaction were to go forward. Mr. Jamieson also appears to believe that the issue is that Fury has been a nuisance, and while that may, in fact, be the case, the more central issue is that the establishment has not been complying with the conditions of the use permit. That's really the focus of the hearing and I don't know that that necessarily will change if there is a change of ownership. So I believe we should proceed with the hearing today. THE HEARING OFFICER: Right. I feel that we need to proceed today. If we had the luxury of unlimited time, then we could listen to more people, because despite the fact that Mr. Jamieson is seemingly aware of certain negotiations and discussions that are going on, no one else has come in here to discuss this with us. As I said, Mr. Ridgeway represented himself to be the owner of the property on the record, and he was Precise Reporting Service 714 - 647 -9099 Page 1241 1 have her testify first so that there is no issue about 1 2 that. 2 3 MR. JAMIESON: Okay. We have some other people in 3 4 the room. Do any of them -- do they appear to be 4 5 potential witnesses in this case? 5 6 MR. JAMIESON: Not unless they would like to be, 11 6 7 Yew Honor. 7 8 MS. AILIN: We do have Roz Ung here from the 8 9 planning department who I thought was going to be a 9 10 witness, but we have taken care of some of the issues 10 11 that she was going to testify to with the stipulation 11 12 about some of the exhibits, so I don't think that will 12 13 bean issue. 13 14 THE HEARING OFFICER: So are you requesting she be � 14 15 allowed to rentain and, therefore, will not become a 15 16 witness? 16 17 MS, AII.IN: Yes. 17 18 THE HEARING OFFICER: Okay. 18 19 MS. ADJN: Although she will not be functioning as 19 20 an assistant to me. She is really here just as an I 20 21 observer. 21 22 THE HEARING OFFICER: All right. Mr. Jamieson 22 23 indicated he had preliminary motions to make. I think 23 24 now would be the time to do that. i 24 25 MR. JAMIESON: Thank you. Its a little easier for 25 Page 12511 1 me to reference the hearing officer as Your Honor or 1 2 Your Eminence, so if you don't mind, I will refer to you 2 3 hereafter as Your Honor once in a while. I tend to fall 3 4 back into that. I will try and stay away from Your 4 5 Eminence, not that I don't feel that way. 11 5 6 In any case, the Fury does make a request at 6 7 this time that this hearing that is set for today, this 7 8 aspect of the hearing set for today be deferred until 8 9 Friday on the basis that there are currently issues of 9 10 resolution that are pending between the City and the 10 11 Fury and a potential new buyer that has entered into a 11 12 contract with Fury to purchase the business. And it 12 13 appears, from various meetings, that I have been made 13 14 aware of with respect to the City and the new buyer and 14 15 the various people involved that took place yesterday 15 16 that it would be a benefit to all parties involved and 16 17 appropriate use of our time to try and address those 17 18 issues before proceeding with the matter, that deferring 18 19 it until Friday would allow &at to occur, and perhaps 19 20 most importantly from a legal standpoint since a good 20 21 deal of this hearing is based upon the idea that the 21 22 Fury has been a nuisance in some way and without 22 23 conceding that fact to be true, because we vehemently 23 24 dispute that fact to be true, if there is a -- if the 24 25 proceeding is based upon things that occurred with a 25 6 (Pages 124 to 127) Page 126 person or entity that is or will no longer be in possession and operation of the premises, then a proceeding to revoke a conditional use permit that mas with the land on the basis of such things would be ultimately inappropriate, without legal foundation or basis, and overall it would serve everyone's best interest, I believe, to defer this matter. This is something that I brought up prior to going on the record today because I wanted counsel and the hearing officer to be aware of what I was going to be requesting and why, and for the purpose of the record, I'm requesting it formally at this time. THE HEARING OFFICER: Miss Ailm, do you wish to respond? MS. AE.IN: Yes, and I have to admit hike Mr. Jamieson I have a habit of saying Your Honor when I'm in this setting, so I will -- I will probably slip into that as well. THE HEARING OFFICER: I understand that, and whatever language you use within bounds is fnc with me. MS. AUN: I was aware that there were discussions going on yesterday about a possible resolution involving a sale of Fury. The only thing I have been authorized to do is proceed with this hearing. I have no authority Page 127 to agree to continue it. The city attorney has not indicated to me that she has any desire that this hearing be continued. There are also some unanswered questions in Mr. Jamieson's request for the continuance. He has not told us anything about what the tinting of transfer of ownership would be, whether there would be an escrow, how quickly the issue would be resolved, even if the transaction were to go forward. Mr. Jamieson also appears to believe that the issue is that Fury has been a nuisance, and while that may, in fact, be the case, the more central issue is that the establishment has not been complying with the conditions of the use permit. That's really the focus of the hearing and I don't know that that necessarily will change if there is a change of ownership. So I believe we should proceed with the hearing today. THE HEARING OFFICER: Right. I feel that we need to proceed today. If we had the luxury of unlimited time, then we could listen to more people, because despite the fact that Mr. Jamieson is seemingly aware of certain negotiations and discussions that are going on, no one else has come in here to discuss this with us. As I said, Mr. Ridgeway represented himself to be the owner of the property on the record, and he was Precise Reporting Service 714 - 647 -9099 FURY REVOCATION HEARING - 4/15/2008 J lrayes; l.aa Uu 1.31.1 Page 130 things. MS. AILIN: We had an exchange of a -mails about this notice issue, and it was in response to that exchange of e-mails that I requested information from the planning department staff about what notices were given. 1 provided that information by a -nail. I asked if this is still an issue, let me know, and I will see if there are additional documents. I will find someone who can testify about what notice was given, and I requested an opportunity to amend my witness list to do that. I received no indication from Mr. Jamieson in response to that e-mail that he still had an objection and that I should go look for more documents and go find a witness to testify about what notice was given. Therefore, I have not prepared to do that. THE HEARING OFFICER: Okay. The way I see this, I'm going to take as true the documents you did provide to us, and those need to be made a part of the record, and I do not have them at this point -- I mean, I have them, but 1 don't have them where I can reach out and grab them, but would you please obtain them and then we will submit them? My observation is that if Mr. Ridgeway is the landowner, which it appears that is the case, and there must be another person also in sonic business Page 131 relationship with him to whom notice was also mailed, Hawkins or something like that comes to mind MR. JAMIESON: I think it's Whitney. MS. AR,IN: Whitney. THE HEARING OFFICER: Whitney. MR. JAMIESON: I think is the other name. THE HEARING OFFICER: That there was written noti sent. Whether there are due process issues with that not having been received or signatures that were on those documents indicating that Mr. Ridgeway received them, were forged or were for some other document, I don't know, but I also know by reading the transcript of the planning commission hearing that Mr. Ridgeway was present at that time. He was here when we had our March 5th hearing, introduced himself to me off the record as being the landowner, and he was here this morning. So there just does not seem to be any notice issue with respect to Mr. Ridgeway that would somehow cause him to be able to convince a court in the future that he did not become aware of these proceedings. At risk of speculating, there may be issues between Fury and Mr. Ridgeway of a contractual nature that are at the heart of the contention by you, Mr. Jamieson, but I don't know that but whatever Mr. Ridgeway could do, he certainly had an opportunity Precise Reporting Service 714 - 647 -9099 II Page 128 1 here earlier and is not here now, and the city attorney 1 2 is in the building as I understand it, and we have not 2 3 heard from her, so that being said, and most 3 4 importantly, given the time constraints that the 4 5 planning commission has imposed on us to conclude these 5 6 hearings, 1 see there is no alternative but to proceed. 6 7 So having said that, are there any other 7 8 preliminary matters to be discussed prior to 8 9 commencement of testimony? 9 10 MR, JAMIESON: Well, yes, Your Honor. I think the 10 11 issue of notice, adequate notice, notice whatsoever to 11 12 the landowner should probably be broached at this point 12 13 in time since it is our contention that because a 13 14 proceeding to revoke the conditional use permit is a 14 15 proceeding to revoke a vested property interest that not 15 16 only is one of an estate holder which is Fury by virtue 16 17 of its lease and by virtue of its operation, that Fury 17 18 has all the constitutional protections that we have 18 19 argued throughout this proceeding, but also the 19 20 landowner who owns this land, whose land is encumbered 20 21 by the conditional use permit, whose land will be 21 22 detrimentally valued and affected if, in fact, there is 22 23 a change to the conditional use permit, a suspension to 23 24 it or a revocation, he is entitled to adequate legal 24 25 notice and ultimately would make the decision here as to 25 Page 129 1 the proceeding, and as to it affecting Fury, it would 1 2 make the decision not a full and complete decision in 2 3 and of itself, probably not enforceable. I'm not 3 4 representing the landlord. I'm not representing the 4 5 landlord's interest, but I am objecting on the basis i 5 6 that the proceeding is flawed as a result of a lack of 6 7 notice to an indispensable and necessary party to the 7 8 proceeding; and therefore, it should not go forward and, 8 9 in fact, should be dismissed as a result of that. 9 10 1 did receive prior to the hearing today a to 11 copy of a couple of signed receipts for something. They 11 12 do not indicate what they are for. I know they were 12 13 intended to be for some type of a notice of hearing. 13 14 Interestingly enough the two that I saw at least had ! 14 15 dates that were subsequent to the last public hearing, 15 16 which is February 21. So 1 don't know how that proves 16 17 that the landlord got adequate notice for the January 17 18 17th hearing, which is the first one or the February 18 19 2l st hearing, which was the second one before the 19 20 planning commission because both of the cards at least 20 21 that I saw were subsequent to February 21. 21 22 If there is some other evidence that shows 22 23 that there was adequate notice, then maybe we can deal 23 24 with that issue, but my understanding is that there was 24 25 not adequate notice, so my motion was based on those 25 J lrayes; l.aa Uu 1.31.1 Page 130 things. MS. AILIN: We had an exchange of a -mails about this notice issue, and it was in response to that exchange of e-mails that I requested information from the planning department staff about what notices were given. 1 provided that information by a -nail. I asked if this is still an issue, let me know, and I will see if there are additional documents. I will find someone who can testify about what notice was given, and I requested an opportunity to amend my witness list to do that. I received no indication from Mr. Jamieson in response to that e-mail that he still had an objection and that I should go look for more documents and go find a witness to testify about what notice was given. Therefore, I have not prepared to do that. THE HEARING OFFICER: Okay. The way I see this, I'm going to take as true the documents you did provide to us, and those need to be made a part of the record, and I do not have them at this point -- I mean, I have them, but 1 don't have them where I can reach out and grab them, but would you please obtain them and then we will submit them? My observation is that if Mr. Ridgeway is the landowner, which it appears that is the case, and there must be another person also in sonic business Page 131 relationship with him to whom notice was also mailed, Hawkins or something like that comes to mind MR. JAMIESON: I think it's Whitney. MS. AR,IN: Whitney. THE HEARING OFFICER: Whitney. MR. JAMIESON: I think is the other name. THE HEARING OFFICER: That there was written noti sent. Whether there are due process issues with that not having been received or signatures that were on those documents indicating that Mr. Ridgeway received them, were forged or were for some other document, I don't know, but I also know by reading the transcript of the planning commission hearing that Mr. Ridgeway was present at that time. He was here when we had our March 5th hearing, introduced himself to me off the record as being the landowner, and he was here this morning. So there just does not seem to be any notice issue with respect to Mr. Ridgeway that would somehow cause him to be able to convince a court in the future that he did not become aware of these proceedings. At risk of speculating, there may be issues between Fury and Mr. Ridgeway of a contractual nature that are at the heart of the contention by you, Mr. Jamieson, but I don't know that but whatever Mr. Ridgeway could do, he certainly had an opportunity Precise Reporting Service 714 - 647 -9099 II FURY REVOCATION HEARING - 4/15/2008 8 (Pages 132 to 135) Page 134 my understanding is that there was not adequate notice given. THE HEARING OFFICER: Given that we know Mr. Ridgeway has been present and is aware of these -- of this situation, and even if he -- even if he weren't, how does that affect your client's position with respect to the City's commencement of the revocation proceedings? MR. JAMIESON: Because the issue here is whether or not the conditional use permit itself can be revoked. The issue is not whether or not Fury can utilize the conditional use permit. So if the proceeding is to revoke the conditional use permit and that conditional use permit is attached to the property, is an asset of the property, is a constitutionally vested property interest of those that have an interest in that property, then the CUP cannot be revoked unless adequate notice is given to all persons and parties that have that interest, not just one, not just some. And again, it's the difference between saying Fury can't use that CUP versus that CUP gets revoked and nobody can use it. The landowner that has the benefit and is encumbered by the CUP certainly has a right to be adequately noticed, and if, in fact, the landowner is not, then the conditional use permit itself cannot be revoked or Page 135 otherwise changed or modified, et cetera. There is a flaw in that proceeding. THE HEARING OFFICER: I understand. MR. JAMIESON: 'Blank you. THE HEARING OFFICER: Then that motion is denied. Let us — do you have any other motions? MR. JAMIESON: No, thank you. THE HEARING OFFICER: Then let's proceed with our testimony commencing with the City, and if you have an opening statement, please do so. MR. JAMIESON: Excuse me. Just one last thing. Does the court want what I'm holding here, which is that five -page document? MS. AII.IN: You know, I have an issue with that for the record only in that Mr. Jamieson engages in the environmentally conscious practice of printing his e-mail on scrap paper, and I — as much as I admire his decision to do that, I really don t want the extraneous material on the backs of those pages ending up somehow being part of the record. MR. JAMIESON: That's fine, just so long -- and I appreciate that, the green comment. That's fine so long as we just are offering the five -page document -- THE HEARING OFFICER: The notices need to be made i part of the record, and if there is any supplemental Precise Reporting Service 714 - 647 -9099 Ire Page 132 1 to participate. So I would not be inclined to grant 1 2 that motion on the basis that Mr. Ridgeway failed to 2 3 receive notice. 3 4 MR JAMIESON: Your Honor, for purposes of the 4 5 record, I have a copy of the April -- the Wednesday 5 6 April 9 at 5:07 p.m. e-mail from Miss Ailin to both the 6 7 hearing officer and to myself, and attached to that are 7 8 the two cards that were reflecting -- and I would like 8 9 to make sure that this entire document, which is a total 9 10 of five pages be made part of the record because the 10 11 cards themselves that we are all thinking about that we 11 12 saw, those cards do not reflect the date that they were 12 13 mailed. They do reflect the date that they were either 13 14 signed for or stamped in at a post office, and the one 14 15 for Ridgeway and Whiney reflects they were stamped in 15 16 at Newport Beach Bay station March 3rd, 2008. 16 17 So clearly it didn't reach wherever it was 17 18 supposed to go until March 3rd, but it also doesn't 18 19 indicate when it was sent. And although one might argue 19 20 or contend that it doesn't matter when it was received 20 21 because we are all aware that if something is deposited 21 22 in the mail there may be a presumption that it was Sent 22 23 and so forth. This doesn't say when it was sent or 23 24 which notice was sent for it. 24 25 Now, attached to the a - mail was, in fact, the 25 8 (Pages 132 to 135) Page 134 my understanding is that there was not adequate notice given. THE HEARING OFFICER: Given that we know Mr. Ridgeway has been present and is aware of these -- of this situation, and even if he -- even if he weren't, how does that affect your client's position with respect to the City's commencement of the revocation proceedings? MR. JAMIESON: Because the issue here is whether or not the conditional use permit itself can be revoked. The issue is not whether or not Fury can utilize the conditional use permit. So if the proceeding is to revoke the conditional use permit and that conditional use permit is attached to the property, is an asset of the property, is a constitutionally vested property interest of those that have an interest in that property, then the CUP cannot be revoked unless adequate notice is given to all persons and parties that have that interest, not just one, not just some. And again, it's the difference between saying Fury can't use that CUP versus that CUP gets revoked and nobody can use it. The landowner that has the benefit and is encumbered by the CUP certainly has a right to be adequately noticed, and if, in fact, the landowner is not, then the conditional use permit itself cannot be revoked or Page 135 otherwise changed or modified, et cetera. There is a flaw in that proceeding. THE HEARING OFFICER: I understand. MR. JAMIESON: 'Blank you. THE HEARING OFFICER: Then that motion is denied. Let us — do you have any other motions? MR. JAMIESON: No, thank you. THE HEARING OFFICER: Then let's proceed with our testimony commencing with the City, and if you have an opening statement, please do so. MR. JAMIESON: Excuse me. Just one last thing. Does the court want what I'm holding here, which is that five -page document? MS. AII.IN: You know, I have an issue with that for the record only in that Mr. Jamieson engages in the environmentally conscious practice of printing his e-mail on scrap paper, and I — as much as I admire his decision to do that, I really don t want the extraneous material on the backs of those pages ending up somehow being part of the record. MR. JAMIESON: That's fine, just so long -- and I appreciate that, the green comment. That's fine so long as we just are offering the five -page document -- THE HEARING OFFICER: The notices need to be made i part of the record, and if there is any supplemental Precise Reporting Service 714 - 647 -9099 Ire Page 133) 1 --a copy of a notice of public hearing for February 21, 1 2 but the two cards that are reflected here don't reflect 2 3 that that's what, in fact, was sent. And then finally, 3 4 on the last page, that is a copy of a series of labels 4 5 that apparently are used for the mailing list of 5 6 interested parties here. At the bottom it's handwritten 6 7 by somebody I don't know, but it's handwritten. It says 7 8 "Used for Trailing 2- 27- 2008," and then there is another 8 9 date, 4 -4 -2008. So that in itself would be -- would not 9 10 indicate — none of that would indicate that there was 10 11 adequate notice given. 11 12 I understand the hearing officer's 12 13 determination in that I heard that. Ijust want to make 13 14 sure that that is part of the record, and with respect 14 15 to Miss Ailin's indication that she would have somebody 15 16 else or some other documentation that might be 16 17 available, I'm going to tell her and the hearing officer 17 18 that if, in fact, there is something like that, I'm not is 19 going to object to that being amended to bring that in. 19 20 I m not trying to sideswipe the City or any of that. 20 21 So had we responded in the last couple of days 21 22 and she would have done something different and there is 22 23 something different available now, so be it. So we are 23 24 not trying to play hardball here, but ifsjust that i 24 25 what we have got so far doesn't reflect any notice, and 25 8 (Pages 132 to 135) Page 134 my understanding is that there was not adequate notice given. THE HEARING OFFICER: Given that we know Mr. Ridgeway has been present and is aware of these -- of this situation, and even if he -- even if he weren't, how does that affect your client's position with respect to the City's commencement of the revocation proceedings? MR. JAMIESON: Because the issue here is whether or not the conditional use permit itself can be revoked. The issue is not whether or not Fury can utilize the conditional use permit. So if the proceeding is to revoke the conditional use permit and that conditional use permit is attached to the property, is an asset of the property, is a constitutionally vested property interest of those that have an interest in that property, then the CUP cannot be revoked unless adequate notice is given to all persons and parties that have that interest, not just one, not just some. And again, it's the difference between saying Fury can't use that CUP versus that CUP gets revoked and nobody can use it. The landowner that has the benefit and is encumbered by the CUP certainly has a right to be adequately noticed, and if, in fact, the landowner is not, then the conditional use permit itself cannot be revoked or Page 135 otherwise changed or modified, et cetera. There is a flaw in that proceeding. THE HEARING OFFICER: I understand. MR. JAMIESON: 'Blank you. THE HEARING OFFICER: Then that motion is denied. Let us — do you have any other motions? MR. JAMIESON: No, thank you. THE HEARING OFFICER: Then let's proceed with our testimony commencing with the City, and if you have an opening statement, please do so. MR. JAMIESON: Excuse me. Just one last thing. Does the court want what I'm holding here, which is that five -page document? MS. AII.IN: You know, I have an issue with that for the record only in that Mr. Jamieson engages in the environmentally conscious practice of printing his e-mail on scrap paper, and I — as much as I admire his decision to do that, I really don t want the extraneous material on the backs of those pages ending up somehow being part of the record. MR. JAMIESON: That's fine, just so long -- and I appreciate that, the green comment. That's fine so long as we just are offering the five -page document -- THE HEARING OFFICER: The notices need to be made i part of the record, and if there is any supplemental Precise Reporting Service 714 - 647 -9099 Ire FURY REVOCATION HEARING - 4/15/2008 9 (Pages 136 to 139) Page 138 Aril with that introduction, I would like to call the City's first witness, Kristi Parker. THE HEARING OFFICER: Just a question, please. When you say what you intend to prove is that it's something else, do you have a description of what you think it is based upon evidence well hear? MS. AILIN: It's a but and a nightclub. It is not a restaurant. THE HEARING OFFICER: I see. Thank you. MS. AILIN: And there actually are -- I believe there is a specific definition in the commercial use classifications in the Newport Beach Municipal Code in section 20.05.05(0), which I believe a copy of that has been provided to you, but if not, we can arrange to provide one. THE HEARING OFFICER: That's 20.05.05(0)? MS. AILIN: Yes. And in paragraph I -7 there is a definition of bars and cocktail lounges, and in paragraph K there are various definitions of eating and drinking establishments, which is the closest thing to the common term "restaurant" that is found in this section. THE HEARING OFFICER! Is there specific reference there from the standpoint of it cannot or should not pursuant to its permit become one of those identified Page 139 things? MS. AILIN: Well, in condition 20 it says, "The approval of this use permit does not permit the premises to operate as a bar, tavern, cocktail lounge, nightclub or commercial recreation and entertainment use." THE HEARING OFFICER: Thank you. MS. AILIN: I believe we should start by swearing Miss Parker as our first witness. Are we going to have that done by the hearing officer or the court reporter? THE HEARING OFFICER: The reporter is professionally qualified to do that, I believe. KRISn PARKER, having been first duly administered an oath in accordance with CCP 2094, was examined and testified as follows: DIRECT EXAMINATION BY MS. AILIN: Q. Good morning, Miss Parker. A. Good morning. Q. Would you please state and spell your name for the record. A. Kristi Parker, K- r -i-s -W P- a- r- k -e-r. Q. And how are you employed? Precise Reporting Service 714 - 647 -9099 ,� Page 136 1 information, you can agree on that, too. ! 1 2 MR. JAMIESON: Perhaps we can provide a clean copy, 2 3 so we know what we are talking about on the record, and 3 4 we can do that. Thank you. 4 5 May wejust identify it for the record as A3, 5 6 and well provide a copy for the court? 6 7 MS- AUN: That's tine. 7 8 (Arbitrator's A3 8 9 was marked for identification and is 9 10 bound separately.) 10 11 THE HEARING OFFICER: Miss Ailin, please proceed. 11 12 MS. AILIN: Thank you. 12 13 1 would like to make just a brief opening 13 14 statement, and that is to focus on what we are doing 14 15 here today and what the Citys objective is in this 15 16 hearing recognizing that the hearing is in a way a part 16 17 of a larger matter before the planning commission. And 17 18 that is to examine whether the use permit for the 18 19 property in question has been complied with. 19 20 Mr. Jamieson has already made reference to the 20 21 idea that what the City is going to prove is that Fury 21 22 is a nuisance, and while that may be a conclusion that 22 23 could be drawn from the evidence that's going to be 23 24 presented here, that is not the sum and the substance of 24 25 the City's point. The City's point is that there are 25 Page 137 1 conditions on the operation of an establishment at this 1 2 location, and those conditions have not been complied 2 3 with. 3 4 Certainly the character of this evidence is 4 5 that we do not have someone who has sat there at Fury 5 6 every single day watching what has been going on, but 6 7 there have been observations from time to time of the 7 8 way Fury functions. There have been issues looked into 8 9 with regard to how Fury advertises itself. There are 9 10 issues regarding Fury's compliance with the conditions 10 11 overall with the most important condition in the use 11 12 permit really being condition No. 20, which says: 12 13 "The approval of this use permit 13 14 does not permit the premises to operate 14 15 as a bar, tavem, cocktail lounge, 15 16 nightclub or commercial recreation and i 16 17 entertainment use as defined in section 17 18 20.05.050(1) of the Municipal Code." 18 19 That's really the heart of the issue here. Is 19 20 Fury a restaurant or is it a bar? I think the ( 20 21 conditions make it clear that it's supposed to be a 21 22 restaurant. I think the evidence will show that it has 22 23 been operating as something else and along the way 23 24 violating a number of the other conditions on the use 24 25 permit. 25 9 (Pages 136 to 139) Page 138 Aril with that introduction, I would like to call the City's first witness, Kristi Parker. THE HEARING OFFICER: Just a question, please. When you say what you intend to prove is that it's something else, do you have a description of what you think it is based upon evidence well hear? MS. AILIN: It's a but and a nightclub. It is not a restaurant. THE HEARING OFFICER: I see. Thank you. MS. AILIN: And there actually are -- I believe there is a specific definition in the commercial use classifications in the Newport Beach Municipal Code in section 20.05.05(0), which I believe a copy of that has been provided to you, but if not, we can arrange to provide one. THE HEARING OFFICER: That's 20.05.05(0)? MS. AILIN: Yes. And in paragraph I -7 there is a definition of bars and cocktail lounges, and in paragraph K there are various definitions of eating and drinking establishments, which is the closest thing to the common term "restaurant" that is found in this section. THE HEARING OFFICER! Is there specific reference there from the standpoint of it cannot or should not pursuant to its permit become one of those identified Page 139 things? MS. AILIN: Well, in condition 20 it says, "The approval of this use permit does not permit the premises to operate as a bar, tavern, cocktail lounge, nightclub or commercial recreation and entertainment use." THE HEARING OFFICER: Thank you. MS. AILIN: I believe we should start by swearing Miss Parker as our first witness. Are we going to have that done by the hearing officer or the court reporter? THE HEARING OFFICER: The reporter is professionally qualified to do that, I believe. KRISn PARKER, having been first duly administered an oath in accordance with CCP 2094, was examined and testified as follows: DIRECT EXAMINATION BY MS. AILIN: Q. Good morning, Miss Parker. A. Good morning. Q. Would you please state and spell your name for the record. A. Kristi Parker, K- r -i-s -W P- a- r- k -e-r. Q. And how are you employed? Precise Reporting Service 714 - 647 -9099 ,� FURY REVOCATION HEARING - 4/15/2008 10 (Pages 140 to 143) Page 142 their business or some sort of interest, and people can join your space as friends and view your pictures or send you comments, and most people can view them unless you set it to a private setting of some kind. Q. And can you tell us specifically when on the Internet you looked for information about Fury? A. I searched through Google, and the first thing that comes up when I searched through Google is Fury's MySpace page, actually. Q. So Fury has its own MySpace page? A. Yes. MR. JAMJESON: Objection; lacks foundation, move to strike. BY MS. AILIN: Q. Which leads you to believe that it's Fury's own MySpace page? A. It's —can 1 refer to one of the exhibits? Q. Sure. A. Well, I don't believe there is an exhibit with their MySpace page in there. Q. Okay, A. But Fury's MySpace page is called Fury. It has a picture of their flaming dragon, and there are pictures of Brian Schillizzi and his wife, and inside of the restaurant, outside the restaurant, pictures of Page 143 their food, their items on their menu on the site. MR. JAMIESON: Ion going to object. ton sorry. I'm going to object again. Move to strike, lacks foundation, lacks relevance, calls for hearsay. MS. AILIN: Well, the witness is describing what she saw. THE HEARING OFFICER: Yes? MS, AILIN: She is not describing any oral statement made outside of this room. MR. JAMIESON: It doesn't have to be an oral statement. The witness is attributing something that she says she saw on an Internet -- that she attributes to ownership by Fury. She has no foundation to be able to state that and to describe what she has seen at a time when she has not specified as to when she looked or what it was or we can't see what it is that she looked at. It suffers from a lack of foundation, calls for hearsay. Its speculative. Ifs irrelevant, and it should be stricken. THE HEARING OFFICER: What is the purpose of this line of questioning with respect to what the witness knows about the Internet and Fury^ MS. AR-IN: Irs an introduction to various exhibits that An going to have the witness testify about. Precise Reporting Service 714 - 647 -9099 [Jt6 Page 140 1 A. I'm a paralegal for the city attorney's office 1 2 for the City of Newport Beach. 2 3 Q. How long have you worked for the city in that 3 4 capacity? 4 5 A. I have worked there for a year. 5 6 Q. And in the course of your work as a paralegal 6 7 in the city attorney's office, were you asked to do any 7 8 research about Fury? 8 9 A. Yes, I was asked to do research. 9 10 Q. What research were you asked to do? 10 11 A. I was asked to research on -line any 11 12 advertisements or videos that came up about Fury. 12 13 Q. And did you find anything when you did that? 13 14 A. I did. 14 15 Q. I'm going to be calling your attention to 15 16 some exhibits in the binder that I just put in front of 16 17 you. Before we get to those, how did you go about 17 18 looking for information on Fury on the Internet? 18 19 A. Whenever I have an Internet research project, 19 20 I usually just start with Google, putting in Fury, 20 21 Newport Beach and go from there. And then I — for 21 22 bars and restaurants I generally look on MySpace. Most 22 23 bars and restaurants around here are on the MySpace 23 24 page, and then I will look on the O.C. Register site for 24 25 any advertisements for their special events or 25 Page 141 1 activities that they have going on there. 1 2 MR. JAMIESON: Excuse me. Pro going to state an 2 3 objection and move to strike on the basis it's 3 4 nonresponsive. What the witness usually does or 4 5 generally does is not responsive to the question, and 5 6 it's not relevant to the proceeding -- 6 7 BY MS. AILIN: 7 8 Q. For those of us — B 9 MR. JAMIESON: -- and calls for speculation. 9 10 BY MS. AILIN: 10 11 Q. For those of us who are less 11 12 Internet- oriented, could you explain what MySpace is? 12 13 MR. JAMIESON: Excuse me. 1 need a ruling on the 13 14 objection. 14 15 THE HEARING OFFICER: I'm sorry. Pardon? 15 16 MR. JAMIESON: I stated an objection to the 16 17 testimony and moved to strike, and rmjust asking for a 17 18 ruling. 18 19 THE HEARING OFFICER: Overruled. It's background 19 20 information she is providing. 20 21 BY MS. AUN: 21 22 Q. Could you explain to us what MySpace is as you 22 23 understand it? i 23 24 A. MySpace is — it's an on -line sort of 24 25 community where people post pages about themselves or 25 10 (Pages 140 to 143) Page 142 their business or some sort of interest, and people can join your space as friends and view your pictures or send you comments, and most people can view them unless you set it to a private setting of some kind. Q. And can you tell us specifically when on the Internet you looked for information about Fury? A. I searched through Google, and the first thing that comes up when I searched through Google is Fury's MySpace page, actually. Q. So Fury has its own MySpace page? A. Yes. MR. JAMJESON: Objection; lacks foundation, move to strike. BY MS. AILIN: Q. Which leads you to believe that it's Fury's own MySpace page? A. It's —can 1 refer to one of the exhibits? Q. Sure. A. Well, I don't believe there is an exhibit with their MySpace page in there. Q. Okay, A. But Fury's MySpace page is called Fury. It has a picture of their flaming dragon, and there are pictures of Brian Schillizzi and his wife, and inside of the restaurant, outside the restaurant, pictures of Page 143 their food, their items on their menu on the site. MR. JAMIESON: Ion going to object. ton sorry. I'm going to object again. Move to strike, lacks foundation, lacks relevance, calls for hearsay. MS. AILIN: Well, the witness is describing what she saw. THE HEARING OFFICER: Yes? MS, AILIN: She is not describing any oral statement made outside of this room. MR. JAMIESON: It doesn't have to be an oral statement. The witness is attributing something that she says she saw on an Internet -- that she attributes to ownership by Fury. She has no foundation to be able to state that and to describe what she has seen at a time when she has not specified as to when she looked or what it was or we can't see what it is that she looked at. It suffers from a lack of foundation, calls for hearsay. Its speculative. Ifs irrelevant, and it should be stricken. THE HEARING OFFICER: What is the purpose of this line of questioning with respect to what the witness knows about the Internet and Fury^ MS. AR-IN: Irs an introduction to various exhibits that An going to have the witness testify about. Precise Reporting Service 714 - 647 -9099 [Jt6 FURY REVOCATION HEARING - 4/15/2008 11 (Pages 144 to 147) Page 146 for hearsay, speculation. THE WITNESS: I can restate that. THE HEARING OFFICER: Would you please read back the question and the answer? MS. All JN: I can rephrase the question. THE HEARING OFFICER: Ali right. BY MS. AB-IN: Q. What does The Social Group website appear to be? MR. JAMIESON: Objection; calls far hearsay, lacks foundation, relevance. THE HEARING OFFICER: I believe — MR- JAMIESON: And speculation. THE HEARING OFFICER: 1 believe she can testify to what she saw. MR. JAMIESON: That wasn't the question, though. THE HEARING OFFICER: The question was what does it appear to be. MR. JAMIESON: That requires editorialization that requires what she believes it is depicting. She can say what she saw at a particular time -- with all due respect, she can say what she saw at a particular time. She can describe what she saw potentially. I still think that that suffers from a lack of foundation, but at least ifs closer to what she actually saw. What it Page 147 appears to be or who and what it's supposed to depict and that information, I think, suffers from all the objections I have stated. THE HEARING OFFICER: I agree, but she can testify to what she saw, and if that satisfies the questioner, then proceed. THE WITNESS: On The Social Group's website I see advertisement for Fury for Friday and Saturday nights. This particular advertisement, Exhibit 11, is for the New Years Eve party which has a bunch of names on it of people who appear to be sponsoring the party. BY MS. AILIN: Q. And you also — MR. JAMIESON: Objection; move to strike, lacks foundation, calls for speculation. The specific phrase "appears to be sponsoring the party" is an editorialization without any basis or foundation in fact Move to strike. THE HEARING OFFICER: We can derive that from looking at the page, as I understand it, correct? MR. JAMIESON: I don't see anything that says sponsor. I don't see anything that says anything other than it has some names of people and entities. MS. AIL-IN: When you see a sign that says Coca Cola you don't think that tells you that Coca Cola is Precise Reporting Service 714- 647 -9099 I' \k Page 144; 1 THE HEARING OFFICER: All right. Proceed. 1 2 MS. AILIN: I'll proceed with the exhibits. 2 3 MR. JAMIESON: Excuse me, Your Honor. It's 3 4 overruled? 4 5 THE HEARING OFFICER: Yes. 5 6 BY MS. AB.IN: 6 7 Q. Miss Parker, would you look at — we attorneys 7 8 are the worse offenders, aren't we, when it comes to 8 9 dealing with the court reporter? 9 10 Miss Parker, would you please look at Exhibit 10 11 12 in the binder? 11 12 A. Yes. 12 13 Q. And is this one of the pages, for lack of a 13 14 better word, that you found on the Internet when you 14 15 were doing research about Fury? 15 16 A. Yes. 16 17 Q. And could you describe for us what this is? 17 18 A. Santa Ana Entertainment advertises lots of 18 19 different restaurants, nightclubs, shows, sports, all ! 19 20 sorts of things. Fury came up on this website, and they 20 21 have a description of the establishment with a name, 21 22 address and a phone number you can call to get tickets 22 23 for Fury. 23 24 Q. And that's the second page of Exhibit 12? 24 25 A. Yes, second page. And it states there is a 25 i Page 145 1 cover charge of $20. You can call CNN 1 2 Entertainment. Hours from 6:00 to 2:00 a.m. It's 21 2 3 and over. 3 4 Q. And is the first page of Exhibit 12 4 5 essentially the CNN Entertainment home page that first 5 6 comes up when you go to the website? 6 7 A. Yes, that's correct This particular one is 7 8 from February 4, 2008, is how the site appeared that B 9 day. 9 10 Q. Would you please take a look at Exhibit 11 In 10 11 the binder? 11 12 A. Yes. 12 13 Q. Is that something you have seen before? 13 14 A. Yes. 14 15 Q. Can you explain to us what that is? 15 16 A. I found this advertisement on several 16 17 websites, actually. This particular one was printed 17 18 from the MySpace page, but I also located it on The 18 19 Social Group's page and Mix Armada's page. 19 20 Q. Could you explain to us what you mean by the 20 21 Social Group's page? 21 22 A. The Social Group appears to be a — The Social 22 23 Group has a website, and they advertise to be club 23 24 promoters and— 24 25 MR. JAMIESON: Objection; lacks foundation, calls 25 11 (Pages 144 to 147) Page 146 for hearsay, speculation. THE WITNESS: I can restate that. THE HEARING OFFICER: Would you please read back the question and the answer? MS. All JN: I can rephrase the question. THE HEARING OFFICER: Ali right. BY MS. AB-IN: Q. What does The Social Group website appear to be? MR. JAMIESON: Objection; calls far hearsay, lacks foundation, relevance. THE HEARING OFFICER: I believe — MR- JAMIESON: And speculation. THE HEARING OFFICER: 1 believe she can testify to what she saw. MR. JAMIESON: That wasn't the question, though. THE HEARING OFFICER: The question was what does it appear to be. MR. JAMIESON: That requires editorialization that requires what she believes it is depicting. She can say what she saw at a particular time -- with all due respect, she can say what she saw at a particular time. She can describe what she saw potentially. I still think that that suffers from a lack of foundation, but at least ifs closer to what she actually saw. What it Page 147 appears to be or who and what it's supposed to depict and that information, I think, suffers from all the objections I have stated. THE HEARING OFFICER: I agree, but she can testify to what she saw, and if that satisfies the questioner, then proceed. THE WITNESS: On The Social Group's website I see advertisement for Fury for Friday and Saturday nights. This particular advertisement, Exhibit 11, is for the New Years Eve party which has a bunch of names on it of people who appear to be sponsoring the party. BY MS. AILIN: Q. And you also — MR. JAMIESON: Objection; move to strike, lacks foundation, calls for speculation. The specific phrase "appears to be sponsoring the party" is an editorialization without any basis or foundation in fact Move to strike. THE HEARING OFFICER: We can derive that from looking at the page, as I understand it, correct? MR. JAMIESON: I don't see anything that says sponsor. I don't see anything that says anything other than it has some names of people and entities. MS. AIL-IN: When you see a sign that says Coca Cola you don't think that tells you that Coca Cola is Precise Reporting Service 714- 647 -9099 I' \k FURY REVOCATION HEARING - 4/15/2008 12 (Pages 148 to 151) Page 150 Q. And were they printed sometime around February 5th, 2008? A. Yes. Q. Over on the right -hand side of all three of these pages it says over and over again "View Tickets." Is that a location on the website where you can click on that and go to the part of the website where you can actually buy the tickets? A. Yes. Q. And did you actually click through thereto see what you found when you did that? A. Yes. Q. And what did you rind when you did that? A. They are selling the tickets for $20 apiece, and the dates are specified on the site. The Social Group sells tickets for Friday and Saturday nights at Fury. Q. And, Miss Parker, would you look at Exhibit 16 please and tell us what Exhibit 16 is. A. Exhibit 16 is when you click on "view tickets," that's the next link, actually. That's what you view. Q. So you chose one example of what you we when you click through the place on the website where it says "view tickets" as shown in Exhibit 15? Page 151 A. That's correct. It shows general admission presale tickets for $20. Q. And would you please take a look at Exhibit 17 and could you explain to us what Exhibit 17 is? A. Coast to Coast is another ticket broker website that I'm familiar with, and you can locate it through the Internet, and it also shows Social Group events for Fury for events on Friday and Saturday nights through May 2008. Q. And so Exhibit 17 is also a copy of pages you printed from the Internet? A. It Is, on February 4th, 2008. Q. And could you explain to us what the third page in Exhibit 17 is? A. The third page is the result of what happens when you click on "find" on the right -hand side. Q. So you are referring — I'm sorry. When you say "find," you are referring to the previous two pages — A. Yes. Q. — where over on the right -hand side it says "find "? A. Yes. Q. And the third page is what you get when you click on "rind "? Precise Reporting Service 714- 647 -9099 Page 1481 1 i sponsoring something? 1 2 MR JAMIESON: No, that my child put the logo Coca 2 3 Cola on a piece of paper that says Coca Cola doesn't 3 4 mean that Coca Cola sponsors anything in particular. If 4 5 something -- that someone is looking at it says 5 6 "sponsored by Coca Cola," I might question whether or 6 7 not it truly is sponsored by Coca Cola, but at least it j 7 8 says that. There is nothing here that says sponsored by 8 9 anybody in particular that I can read. If I'm wrong 9 10 because it's difficult to read, so be it. j 10 11 THE HEARING OFFICER: I'm going to allow this', u 12 testimony and give it the weight that it deserves given 12 13 that we have no foundation for Miss Parker's knowledge 13 14 about who The Social Club is or what it is other than 14 15 what she has seen; and furthermore, I would like to hear 15 16 at some future time during the course of this hearing 16 17 whether the Fury, in fact, contracted with whatever The 17 18 Social Club is to provide advertising because it is a 18 19 significant element here, I believe. ! 19 20 BY MS. AfLIN: 20 21 Q. Miss Parker, would you please take a look at 21 22 Exhibit 14 in the binder in front of you? 22 23 A. Yes. 23 24 Q. Could you tell us, is Exhibit 14 copies of 24 25 pages you printed off the Internet? 25 T Page 1491 1 A. Yes, they are pages that I printed off the j 1 2 Internet on February 411. 2 3 Q. What website did you find these on? 3 4 A. The first page is printed out from MySpace, 4 5 Fury Lounge. It's an advertisement for Saturdays at 5 6 Fury. The second page is printed from 6 7 TheSocialGroup.com. It's an advertisement for Friday 7 8 nights at Fury. e 9 Q. Now, on the first page up at the top, it says, 9 10 "MySpacecom." Does that show what website the page was 10 11 printed from? 11 12 A Yes. 12 13 Q. And for the second page down at the bottom it 13 14 says, "www.theSocialGroup.com." Does that show what 14 15 website that was printed from? 15 16 A. Yes. 16 17 Q. Please take a look at Exhibit 15 and please 17 18 explain to us where Exhibit 15 came from. 18 19 A. Exhibit 15 is a ticket broker. They sell 19 20 tickets for various events through Ticket Triangle, and 20 21 1 searched on that site and found tickets for Fury and 21 22 various other establishments. 22 23 Q. Now, on these — and are these pages that you 23 24 printed out off of that website? 24 25 A. Yes. 25 12 (Pages 148 to 151) Page 150 Q. And were they printed sometime around February 5th, 2008? A. Yes. Q. Over on the right -hand side of all three of these pages it says over and over again "View Tickets." Is that a location on the website where you can click on that and go to the part of the website where you can actually buy the tickets? A. Yes. Q. And did you actually click through thereto see what you found when you did that? A. Yes. Q. And what did you rind when you did that? A. They are selling the tickets for $20 apiece, and the dates are specified on the site. The Social Group sells tickets for Friday and Saturday nights at Fury. Q. And, Miss Parker, would you look at Exhibit 16 please and tell us what Exhibit 16 is. A. Exhibit 16 is when you click on "view tickets," that's the next link, actually. That's what you view. Q. So you chose one example of what you we when you click through the place on the website where it says "view tickets" as shown in Exhibit 15? Page 151 A. That's correct. It shows general admission presale tickets for $20. Q. And would you please take a look at Exhibit 17 and could you explain to us what Exhibit 17 is? A. Coast to Coast is another ticket broker website that I'm familiar with, and you can locate it through the Internet, and it also shows Social Group events for Fury for events on Friday and Saturday nights through May 2008. Q. And so Exhibit 17 is also a copy of pages you printed from the Internet? A. It Is, on February 4th, 2008. Q. And could you explain to us what the third page in Exhibit 17 is? A. The third page is the result of what happens when you click on "find" on the right -hand side. Q. So you are referring — I'm sorry. When you say "find," you are referring to the previous two pages — A. Yes. Q. — where over on the right -hand side it says "find "? A. Yes. Q. And the third page is what you get when you click on "rind "? Precise Reporting Service 714- 647 -9099 FURY REVOCATION HEARING - 4/15/2008 13 (Pages 152 to 155) Page 154 to copy onto a disc? A. Yes, one video in particular actually showed when you were — It was one of the owners of the operation and also showed their sign on the outside of their establishment, an it could be definitely said that that was their establishment. Q. Approximately when did you locate that video on the YouTube website? A. Can I refer to my notes? Q. Certainly. A. I have a printout here that indicates December 12, 2007, it looks like here. That may not be the day that I actually located it. Q. So you think you might have located it before? A. It was before the hearings, yes. MR. JAMIESON: Your Honor, I would like to -- since she has referred to notes that she has in her testimony right now, I would like to see the note that she is referring to. THE WITNESS: Sure. THE HEARING OFFICER: That's an appropriate request. THE WITNESS: Ifs a printout of a scene. MR. JAMIESON: Thank you. MR. JAMIESON: Tm going to want to refer to that Page 155 in cross. BY MS. AILIN: Q. Miss Parker, you said that you were able to identify the exterior of the building Fury is located in the YouTube video. Have you ever been inside Fury? A. No, l have not. Q. Have you shown this video to other city personnel? A. Yes. Q. Who have you shown it to? A. It was made part of the planning commission public record on February 21st, second hearing. Is that the correct date? I have to look at my notes for that It was part of the planning commission second packet for revocation proceedings, and the planning department would have seen it, police officer personnel have seen it The city attorney and the assistant city attorney have seen it as well. Q. Can you identify the police officers who have seen it? MR. JAMIESON: Objection; relevance, move to strike, nonresponsive. THE HEARING OFFICER: Overruled. Assuming you personally know the police officers that saw it. THE WITNESS: I personally know that Precise Reporting Service 714 - 647 -9099 I JI ) Page 152 1 A. That's correct. 1 2 Q. And, Miss Parker, please take look at page 18 2 3 and explain to us what page -- excuse me — Exhibit IS 3 4 and explain for me what Exhibit 18 is. 4 5 A. Exhibit IS is a printout from the Internet 5 6 site for Zvents. It's another ticket broker website, 6 7 and it was printed on February 6, 2008. It shows j 7 8 listing for events by The Social Group at Fury for 8 9 various Friday and Saturday nights. 9 10 Q. Were all of these presented on the same date 10 11 — it looks tike these were multiple prints because I'm 11 12 noticing at the top the first two pages of Exhibit 18 it 12 13 says 1 of 2 and then page 2 of 2? 13 14 A. Yes. 14 15 Q. And then the third and fourth pages of Exhibit 15 16 18, although they have different handwritten page j 16 17 numbers in the lower right -hand corner appear to be the 17 18 same as the first two pages; is that correct? 18 19 A. Yes, they do appear to be the same pages. j 19 20 Q. And then the following pages say Zvents at the 1 20 21 top, but they appear very similar to what we see in 21 22 Exhibit 15? 22 23 A. Yes, they seemed to be very similar broker j 23 24 websites when I viewed them both. 24 25 Q. Now, Miss Parker, you also mentioned that you 25 13 (Pages 152 to 155) Page 154 to copy onto a disc? A. Yes, one video in particular actually showed when you were — It was one of the owners of the operation and also showed their sign on the outside of their establishment, an it could be definitely said that that was their establishment. Q. Approximately when did you locate that video on the YouTube website? A. Can I refer to my notes? Q. Certainly. A. I have a printout here that indicates December 12, 2007, it looks like here. That may not be the day that I actually located it. Q. So you think you might have located it before? A. It was before the hearings, yes. MR. JAMIESON: Your Honor, I would like to -- since she has referred to notes that she has in her testimony right now, I would like to see the note that she is referring to. THE WITNESS: Sure. THE HEARING OFFICER: That's an appropriate request. THE WITNESS: Ifs a printout of a scene. MR. JAMIESON: Thank you. MR. JAMIESON: Tm going to want to refer to that Page 155 in cross. BY MS. AILIN: Q. Miss Parker, you said that you were able to identify the exterior of the building Fury is located in the YouTube video. Have you ever been inside Fury? A. No, l have not. Q. Have you shown this video to other city personnel? A. Yes. Q. Who have you shown it to? A. It was made part of the planning commission public record on February 21st, second hearing. Is that the correct date? I have to look at my notes for that It was part of the planning commission second packet for revocation proceedings, and the planning department would have seen it, police officer personnel have seen it The city attorney and the assistant city attorney have seen it as well. Q. Can you identify the police officers who have seen it? MR. JAMIESON: Objection; relevance, move to strike, nonresponsive. THE HEARING OFFICER: Overruled. Assuming you personally know the police officers that saw it. THE WITNESS: I personally know that Precise Reporting Service 714 - 647 -9099 I JI ) Page 153'. 1 had found video on the Internet? 1 2 A. Yes. 2 3 Q. There is one particular video that we may be 3 4 using as an exhibit in this hearing, and do you know 4 5 which video I'm referring to? 5 6 A. Yes. It's a video that I found on YouTube. 6 7 That's another website. 7 8 Q How did you find that video? 8 9 A. YouTube, I can search on YouTube. It's 9 10 youtube.com. 10 11 Q. Could you explain to us what YouTube appears 11 12 to be when you access it on the Internet? 12 13 A. YouTube is an Internet site where people can 13 14 upload videos to share with the general public if they 14 15 choose, and there is also — you can join it and have a 15 16 log -on name or you can view them as guests and not have 16 17 a log -in name, and you can view all sorts of videos that 17 18 people share. 18 19 Q. And did you search on YouTube, the YouTube 19 20 website to see if there was any video material about 20 21 Fury on there? 21 22 A. Yes, I searched for Fury Newport Beach. 22 23 Q. And did you find more than one video? 23 24 A. 1 did. 24 25 Q. But there was one in particular that you chose 25 13 (Pages 152 to 155) Page 154 to copy onto a disc? A. Yes, one video in particular actually showed when you were — It was one of the owners of the operation and also showed their sign on the outside of their establishment, an it could be definitely said that that was their establishment. Q. Approximately when did you locate that video on the YouTube website? A. Can I refer to my notes? Q. Certainly. A. I have a printout here that indicates December 12, 2007, it looks like here. That may not be the day that I actually located it. Q. So you think you might have located it before? A. It was before the hearings, yes. MR. JAMIESON: Your Honor, I would like to -- since she has referred to notes that she has in her testimony right now, I would like to see the note that she is referring to. THE WITNESS: Sure. THE HEARING OFFICER: That's an appropriate request. THE WITNESS: Ifs a printout of a scene. MR. JAMIESON: Thank you. MR. JAMIESON: Tm going to want to refer to that Page 155 in cross. BY MS. AILIN: Q. Miss Parker, you said that you were able to identify the exterior of the building Fury is located in the YouTube video. Have you ever been inside Fury? A. No, l have not. Q. Have you shown this video to other city personnel? A. Yes. Q. Who have you shown it to? A. It was made part of the planning commission public record on February 21st, second hearing. Is that the correct date? I have to look at my notes for that It was part of the planning commission second packet for revocation proceedings, and the planning department would have seen it, police officer personnel have seen it The city attorney and the assistant city attorney have seen it as well. Q. Can you identify the police officers who have seen it? MR. JAMIESON: Objection; relevance, move to strike, nonresponsive. THE HEARING OFFICER: Overruled. Assuming you personally know the police officers that saw it. THE WITNESS: I personally know that Precise Reporting Service 714 - 647 -9099 I JI ) FURY REVOCATION HEARING - 4/15/2008 14 tYblyCF.J -LOU l..V 1771 Page 158 video, but I think it was necessary to make that objection again now. MS. AILIN: We do intend to offer the video, but what 1 have been told is that I need to provide authentication of where it came from, et cetera, and Miss Pickers testimony is intended in part to provide that authentication. THE HEARING OFFICER: Right. MS. AILIN: If there is an issue about whether pictures that Miss Parker believes are the interior of Fury, there is Exhibit F25 in the exhibits that Fury is proposing to use that are photographs -- I would be happy to have Miss Parker took at these photographs and say whether they look like the other photographs she has seen that she understood to be the interior of Fury. THE HEARING OFFICER: That's the bootstrap. My opinion is that in order to admit this video, that a person who has seen the inside of the Fury and then looks at the video and says, yes, I agree that is the inside of the Fury, then that authenticates it, but it doesn't sound like Miss Parker can do that -- MS. ARdN: And Pm not -- THE HEARING OFFICER: -- except through pictures. MS. AILIN: And fm not suggesting that she can, and well have testimony from other witnesses who can. Page 159 I'm trying to establish put of the chain — THE HEARING OFFICER: Sure. MS. AILIN: -- between the Internet and those videos. THE HEARING OFFICER: Thank you. Good. MS. AILIN: I have no further questions for Miss Parker. THE HEARING OFFICER: Proceed CROSS - EXAMINATION BY MR. JAMIESON: Q. Hi, Miss Parker. Miss Parker, prior to engaging in the research that you did on behalf of the city attorney's office, were you aware that there is a conditional use permit allowing Fury to operate as a restaurant with live entertainment and dancing? A. Yes. Q. And had you actually looked at the conditional use permit prior to engaging in your research? A. Yes. Q. So you are familiar with the conditions that allow dancing and five entertainment so long as a live entertainment permit and a dance permit were obtained, correct? THE HEARING OFFICER: May I intervene? I Precise Reporting Service 714 - 647 -9099 ,,)A Page 156 1 Detective Doug Jones has seen it. Dave Stark, 1 2 Detective Dave Stark, Detective Ron Vallercamp, 2 3 Detective Glen Garrity. 1 can personally attest that 3 4 those people have seen it. There have been others. 4 5 BY MS. AILIN: 5 6 Q. Has Detective Hayward seen the video? 6 7 A. I'm — I'm sure he has, but I can't say that 7 8 he saw it in my presence. 8 9 MS. AILIN: I have no further questions for 9 10 Miss Parker at this time. 10 11 THE HEARING OFFICER: Could ljust clarify one 11 12 thing before Mr. Jamieson gets started? 12 13 You testified that you have never seen the 13 14 interior of the Fury, correct? 14 15 THE WITNESS: That's correct. 15 16 THE HEARING OFFICER: Have you ever seen the 16 17 exterior? 17 18 THE WITNESS: Yes, I have. 18 19 THE HEARING OFFICER: So you can identify the 19 20 exterior? 20 21 THE WITNESS: Yes. 21 22 THE HEARING OFFICER: Thank you. 22 23 THE WITNESS: I want to clarify. I have seen 23 24 pictures of the inside, but I have not personally been 24 25 inside. 25 Page 1571 1 MR. JAMIESON: Objection; move to strike, 1 2 nonresponsive, lacks foundation, calls for hearsay. If 2 3 she has not been inside the Fury, she wouldn't know ! 3 4 whether or not the pictures she saw that she thinks are 4 5 the inside of Fury was actually the inside of Fury. 5 6 THE HEARING OFFICER: Are you objecting to 6 7 introduction of the video itself? Is that what you are 7 8 saying? 8 9 MR. JAMIESON: Well, I am, but I have -- 9 10 THE HEARING OFFICER: What are you objecting to? 10 11 MR. JAMIESON: Right now I was just objecting to 11 12 the statement that Miss Parker made that she said rve 12 13 seen pictures of the inside of Fury, but I haven't seen 13 14 the inside of Fury, and rm saying it lacks foundation, 14 15 calls for speculation. It's hearsay. How does she 15 16 know? 16 17 THE HEARING OFFICER: That's what she said. She 17 18 said I haven't seen it. There has been no proof yet is 19 offered. So overruled at this point. Where are we 19 20 going? Your -- 20 21 MR. JAMIESON: That is it I haven't heard a 1 21 22 request at this point to show the video or to introduce 22 23 the video, so 1 -- 23 24 THE HEARING OFFICER: I havcnt either. 1 24 25 MR. JAMIESON: So obviously we do object to the 25 14 tYblyCF.J -LOU l..V 1771 Page 158 video, but I think it was necessary to make that objection again now. MS. AILIN: We do intend to offer the video, but what 1 have been told is that I need to provide authentication of where it came from, et cetera, and Miss Pickers testimony is intended in part to provide that authentication. THE HEARING OFFICER: Right. MS. AILIN: If there is an issue about whether pictures that Miss Parker believes are the interior of Fury, there is Exhibit F25 in the exhibits that Fury is proposing to use that are photographs -- I would be happy to have Miss Parker took at these photographs and say whether they look like the other photographs she has seen that she understood to be the interior of Fury. THE HEARING OFFICER: That's the bootstrap. My opinion is that in order to admit this video, that a person who has seen the inside of the Fury and then looks at the video and says, yes, I agree that is the inside of the Fury, then that authenticates it, but it doesn't sound like Miss Parker can do that -- MS. ARdN: And Pm not -- THE HEARING OFFICER: -- except through pictures. MS. AILIN: And fm not suggesting that she can, and well have testimony from other witnesses who can. Page 159 I'm trying to establish put of the chain — THE HEARING OFFICER: Sure. MS. AILIN: -- between the Internet and those videos. THE HEARING OFFICER: Thank you. Good. MS. AILIN: I have no further questions for Miss Parker. THE HEARING OFFICER: Proceed CROSS - EXAMINATION BY MR. JAMIESON: Q. Hi, Miss Parker. Miss Parker, prior to engaging in the research that you did on behalf of the city attorney's office, were you aware that there is a conditional use permit allowing Fury to operate as a restaurant with live entertainment and dancing? A. Yes. Q. And had you actually looked at the conditional use permit prior to engaging in your research? A. Yes. Q. So you are familiar with the conditions that allow dancing and five entertainment so long as a live entertainment permit and a dance permit were obtained, correct? THE HEARING OFFICER: May I intervene? I Precise Reporting Service 714 - 647 -9099 ,,)A FURY REVOCATION HEARING - 4/15/2008 17 1eci C:i J-0V LU 10 .31 Page 162 in revocation of those permits meaning those three permits. We view them as a package. We view them as constitutional rights that Fury holds to be able to conduct this type of activity and is constitutionally Protected at this time. THE HEARING OFFICER: So primarily we are referrit to the second CUP, 3162 I believe it is, as the -- when we use the term "permit "? No. 2 in your exhibit. MS. AILIN: C2. THE HEARING OFFICER: C2. MR. JAMIESON: Which is 2005 -018 -- THE HEARING OFFICER: Yes. MR. JAMIESON: -- also known as resolution 1661. MS. AILIN: 1661. THE HEARING OFFICER: Thanks. I interrupted you cross- exarnination. Please proceed. BY MR. JAMIESON: Q. I'm not sum if I actually got an answer to my question. Miss Parker, prior to engaging in the search that the city attorney's office asked you to do, you had looked at the conditional use permit, correct? A. That's correct Q. And that conditional use peroot you saw included provisions for hours of operation being from 11:00 a.m. to 2:00 am. seven days a week, right? Page 163 A. I would have to look at the permit Would that be okay? Q. If you need to refresh your recollection, please do so. It's in the City's exhibit as C2. A. Condition No. 8 of the use permit says the hours of operations are from 11:00 a.m. to 2:00 a.m. seven days a week. Q. Also in preparing for your research task, you saw in the conditional use permit that it contemplated live entertainment activity and that condition No. 9 says, "Prior to the commencement of live entertainment activity the applicant shall obtain a live entertainment permit," right? A. That's correct Q. In fact, in preparing for your research you also saw the live entertainment permit that was obtained, which is identified in City's Exhibit C3 as permit to conduct live entertainment, correct? A. That's correct Q. And I'm sure that you took into account while you were doing your research that much of that live entertainment at a premise like this that is open until 2:00 a.m. will include, in fact, entertainment that is live, right? A. That's correct. Precise Reporting Service 714 - 647 -9099 1,15 Page 160 1 apologize. 1 2 Several times now we have referred to the 1 2 3 permits, the use permit or permits. It's my 3 4 understanding that you would be in the course of using 4 5 those terms referring to the two conditional use permits 5 6 or use permits that run with the land. There is an old 6 7 one for the El Tonto or something and then this new one 7 8 for Hamburger Mary's that are the two — when you use 8 9 those terms, are you referring to those two permits? 9 10 MS. AILIN: Let me explain what I'm referring to. 10 11 THE HEARING OFFICER: Okay. 11 12 MS. AILIN: When I'm referring to the use permit -- 12 13 because you are correct. There was this use permit for 13 14 this particular site issued initially for the El Tonto, 14 15 but it has been in effect superseded by the document 15 16 that's now included in City's Exhibit 2. That's the use 16 17 permit. 17 18 THE HEARING OFFICER: Okay. 18 19 MS, AILIN: The other permits, City's 3 and 4, are 19 20 not the use permits. 20 21 THE HEARING OFFICER: I understand. 21 22 MS. AILIN: They are permits for specific 22 23 activities. 23 24 THE HEARING OFFICER: Those appear to be city 24 25 manager permits that are not at issue in this 25 Page 161 1 proceeding, is how I have personally viewed this. 1 2 MS. AILIN: The way the Municipal Code works is 2 3 that the dance permit and the live emenainment permit 3 4 are issued by the city manager, are revocable by the 4 5 city manager. As a practical matter, however, if there 5 6 is no use permit for the location that those permits are 6 7 attached to, those permits would have no use, no 7 8 impact 8 9 THE HEARING OFFICER: You are saying independently 9 10 standing on their own they don't constitute a vested 10 11 right of the user? 11 12 MS. AILIN: That's correct, because they have to be 12 13 -- they are tied to a specific location. They are 13 14 transferable to another location, and if they are not 14 15 consistent with the use that is permitted at a given 15 16 time -- and I'm probably going to blow the address -- 16 17 4221 Dolphin Striker Way, then they would have no 17 18 meaning. is 19 MR. JAMIESON: Which is exactly -- and we agree 19 20 with that, and thats exactly the reason that the 20 21 respondent's contention is that this proceeding is 21 22 effective then to revoke all of those permits, 22 23 conditional use permits, the live entertainment, and the 23 24 cafe dance entertainment, and for that reason we have 24 25 been opposed, as previous objections in this proceeding, 25 17 1eci C:i J-0V LU 10 .31 Page 162 in revocation of those permits meaning those three permits. We view them as a package. We view them as constitutional rights that Fury holds to be able to conduct this type of activity and is constitutionally Protected at this time. THE HEARING OFFICER: So primarily we are referrit to the second CUP, 3162 I believe it is, as the -- when we use the term "permit "? No. 2 in your exhibit. MS. AILIN: C2. THE HEARING OFFICER: C2. MR. JAMIESON: Which is 2005 -018 -- THE HEARING OFFICER: Yes. MR. JAMIESON: -- also known as resolution 1661. MS. AILIN: 1661. THE HEARING OFFICER: Thanks. I interrupted you cross- exarnination. Please proceed. BY MR. JAMIESON: Q. I'm not sum if I actually got an answer to my question. Miss Parker, prior to engaging in the search that the city attorney's office asked you to do, you had looked at the conditional use permit, correct? A. That's correct Q. And that conditional use peroot you saw included provisions for hours of operation being from 11:00 a.m. to 2:00 am. seven days a week, right? Page 163 A. I would have to look at the permit Would that be okay? Q. If you need to refresh your recollection, please do so. It's in the City's exhibit as C2. A. Condition No. 8 of the use permit says the hours of operations are from 11:00 a.m. to 2:00 a.m. seven days a week. Q. Also in preparing for your research task, you saw in the conditional use permit that it contemplated live entertainment activity and that condition No. 9 says, "Prior to the commencement of live entertainment activity the applicant shall obtain a live entertainment permit," right? A. That's correct Q. In fact, in preparing for your research you also saw the live entertainment permit that was obtained, which is identified in City's Exhibit C3 as permit to conduct live entertainment, correct? A. That's correct Q. And I'm sure that you took into account while you were doing your research that much of that live entertainment at a premise like this that is open until 2:00 a.m. will include, in fact, entertainment that is live, right? A. That's correct. Precise Reporting Service 714 - 647 -9099 1,15 FURY REVOCATION HEARING - 4/15/2008 16 (Pages 164 to 167) Page 166 that you perceived to be a promoter of some type was advertising on the Internet for Fury? A. That wasn't the assignment that was given to M. Q. What was the assignment, by the way? A. To locate any information on the Internet about Fury, pictures, videos. Q. Now, did you form any kind of conclusion that this Social Group entity, whatever that might be, was in fact, some type of promoter for advertising or marketing? A. I came to the conclusion that they were a proinotor by an article I read in the O.C. Weekly published in 2005. Q. Now, I'm sure in preparing for your research activity as you have described and I'm looking at the conditional use permit, which you indicated you did, you saw condition No. 19 that talks about any event or activity staged by an outside promoter or entity where the restaurant owner or his employees or representatives share in any profits or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or other form of admission charge including minimum drink orders or sales of drinks is prohibited. You saw that? Page 167 A. That's correct. Q. There is no information that you saw on the documents that you identified here today that indicates that whether it he $20 as a cover charge or some other amount as cover charge, that there is any profit or any amount shared by Fury with any promoter, did you? As far as you know, that money could have gone directly to Fury and it wasn't shared with any promoter; isn't that true? A. I don't know what happens to the money when it's collected at the door, no. Q. Fair enough. THE HEARING OFFICER: I'm sorry. What was that response? THE WITNESS: I don't know what happens to the money after its collected at the door. THE HEARING OFFICER: Thank you. BY MR. JAMIESON: Q. In preparing for your research, did you form the conclusion that this condition would only he violated if those profits or monies were shared with the promoter? MS. AUJN: Objection; relevance as to Miss Parker's conclusion. MR. JAMIESON: I'm trying to figure out what she Precise Reporting Service 714- 647 -9099 ) /t�p Page 164 1 Q. Now, in preparing for your research task, you 1 2 also observed, I'm sure, that it required, that is the 2 3 permit, the conditional use permit required that an 3 4 employee of the restaurant or a hired security guard 4 5 shall be present in the smoking patio at all times that 5 6 alcoholic beverages are being served or consumed on the 6 7 smoking patio? 7 a A. I have read that on the use permit. 8 9 Q. In fact, the area of the smoking patio since 9 10 you are familiar with the outside of Fury is, in fact, 10 11 outside of Fury. It's on the outside? 11 12 A. I actually have not personally viewed the 12 13 smoking patio, no. 1 have seen it on plans. I'm not 13 14 familiar with it directly. 14 15 Q. All right. Now, in preparing for your 15 16 research task, I'm sure you also looked at condition No. 16 17 13 of that conditional use permit where it states, 17 1a "Prior to the commencement of patron dancing the 1s 19 applicant shall obtain a cafe dance permit, and that 19 20 dancing shall be limited from 9:00 p.m. to 2:00 a.m. 20 21 Thursday through Sunday," correct? 21 22 A. That's correct. 22 23 Q. And by the way, the web pages that you 23 24 reviewed and which we will go into again in a little bit 24 25 actually identify things occurring at Fury as live 25 Page 165 1 entertainment type thing and a darting type of thing 1 2 starting at 9:00 p.m., right? 2 3 A. That's correct. 3 4 Q. Just like this condition says, 9:00 p.m. to 4 5 start dancing, correct? 5 6 A. That's correct. For a fee. 6 7 Q. Now, to be fair, it limits it from Thursday 7 8 through Sunday, and the web pages you looked at 8 9 identified dancing and entertainment just on Friday and 9 10 Saturday, right? 10 11 A. There are pages that identify dancing on 11 12 Thursdays, Fridays and Saturdays. 12 13 Q. So still within the condition that you saw 13 14 there as condition 13, right — 14 15 A. That's -- is 16 Q. — as to days and time? 16 17 A. Early on there were some advertised parties on 17 18 other nights of the week 1 1 e 19 Q. But we're not talking about early on or other 19 20 times. We are just talking about what you have ; 20 21 testified to so far. Okay? I 21 22 A. Yes. 22 23 Q. Now, when you were preparing for your research 23 24 activity as requested by the city attorney's office, 24 25 were you asked to look and see if any person or company 25 16 (Pages 164 to 167) Page 166 that you perceived to be a promoter of some type was advertising on the Internet for Fury? A. That wasn't the assignment that was given to M. Q. What was the assignment, by the way? A. To locate any information on the Internet about Fury, pictures, videos. Q. Now, did you form any kind of conclusion that this Social Group entity, whatever that might be, was in fact, some type of promoter for advertising or marketing? A. I came to the conclusion that they were a proinotor by an article I read in the O.C. Weekly published in 2005. Q. Now, I'm sure in preparing for your research activity as you have described and I'm looking at the conditional use permit, which you indicated you did, you saw condition No. 19 that talks about any event or activity staged by an outside promoter or entity where the restaurant owner or his employees or representatives share in any profits or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or other form of admission charge including minimum drink orders or sales of drinks is prohibited. You saw that? Page 167 A. That's correct. Q. There is no information that you saw on the documents that you identified here today that indicates that whether it he $20 as a cover charge or some other amount as cover charge, that there is any profit or any amount shared by Fury with any promoter, did you? As far as you know, that money could have gone directly to Fury and it wasn't shared with any promoter; isn't that true? A. I don't know what happens to the money when it's collected at the door, no. Q. Fair enough. THE HEARING OFFICER: I'm sorry. What was that response? THE WITNESS: I don't know what happens to the money after its collected at the door. THE HEARING OFFICER: Thank you. BY MR. JAMIESON: Q. In preparing for your research, did you form the conclusion that this condition would only he violated if those profits or monies were shared with the promoter? MS. AUJN: Objection; relevance as to Miss Parker's conclusion. MR. JAMIESON: I'm trying to figure out what she Precise Reporting Service 714- 647 -9099 ) /t�p FURY REVOCATION HEARING - 4/15/2008 17 (Pages 168 to 171) Page 170 MS. AILIN: She has not given any testimony so far relevant to the question whether condition 26 was complied with or not. MIL JAMIESON: Pm not asking about if it was complied with THE HEARING OFFICER: rm going to overrule the objection, but go ahead and proceed with that line. BY MR. JAMIESON: Q. Did you consider the items that are identified in Exhibit 26, that is that there is supposed to be training for sales of alcoholic beverages at this restaurant? A. I don't know If "considered" is the correct word. I read the use permit and was familiar with it, but it wasn't anything I was charged with in determining whether or not that condition was compiled with. Q. Okay. In reviewing the CUP you also saw that the establishment was described here as an eating and drinking establishment, right? Look at condition No. 27. A. Yes. Q. So now with the information In hand that the conditional use permit provided for this premises to be a restaurant, to be an eating and drinking establishment, to provide dancing after nine o'clock and Page 171 up until 2:00 a.m. in the morning so long as it had a dance permit and to provide live entertainment, you then proceeded with your research task, correct. Fair enough? A. Fair enough, yes. Q. Now, did you also happen to look at the floor Plan for the Fury in preparation for your research? THE HEARING OFFICER: Mr. Jamieson, I want to revisit the objection Miss Ailin previously made because as I understand it, Miss Parker's research project was to look on the Intemet to see what information was there about Fury. Isn't that -- THE WITNESS: Thaw correct. THE HEARING OFFICER: And now you are moving cic off into all the other provisions in the use permit that she may ar may not have been assigned to look at. So maybe if you — I don't want to stick with strict relevance in the determinations here, but on the other hand, if it wasn t her assignment to look at all these issues in the use permit, let's not continue down that road. That would be my suggestion. MR JAMIESON: Understandable, Your Honor, and I hear what you are saying„ and Nri actually just about done with that aspect of it anyway. 1 just think it's important that we understand what Miss Parker's Precise Reporting Service 714- 647 -9099 J,li Page 1681 1 was looking for when she was doing this research, Your 1 2 Honor. 2 3 THE HEARING OFFICER: Well, I think the question is 3 4 relevant to the area that Mr. Jamieson is pursuing here, 4 5 so 1 would overrule the objection. 5 6 THE WITNESS: I'm sorry. What is the question? 6 7 BY MR. JAMIESON: 7 e Q. Let me rephrase it for you. Miss Parker, did 6 9 you form the conclusion in preparing for your research 9 10 activity that so long as whatever money was paid at the 10 11 door or as a result of any advertising for tickets was 11 12 not shared by Fury, it would be — 1 12 13 A. Actually — 13 14 Q. — that it would be a violation or not a 14 15 violation? ( is 16 A. I don't believe that was — I didn't really 16 17 think about condition 19 when I was looking on -line. 17 18 Q. Okay. Fair enough. 18 19 Now, condition No. 22 appears to authorize the 19 20 placement and use of skill games so long — which 20 21 includes pool tables and other amusement devices in this 21 22 restaurant as long as there are not more than six skill 22 23 games and one jukebox. Did you see that condition in 23 24 preparing for your research? 24 25 A. Yes. 25 - ---........__ Page 169 j -- I 1 Q. And in looking at the Internet, did you find 1 1 2 that there were any more than six skill games, one ! 2 3 jukebox or pool tables or amusement devices? 3 4 A. I did not see any pictures indicating there 4 5 were jukeboxes, pool tables or skill games. 5 6 Q. So in preparing for the research —just to 6 7 get up to date — where we are at right now — you knew 7 8 that the conditional use permit allowed live 8 9 entertainment You knew that the conditional use permit 9 10 allowed for dancing after nine o'clock Thursday through 10 11 Sunday, and you knew the conditional use permit allowed 11 12 for this restaurant to have in addition to those things 12 13 these skill games, right? 13 14 A. That's correct. 14 15 Q. You also considered in preparing for your 15 16 research task and in your review of the conditional use 16 17 permit that condition 26 required the restaurant to 17 18 undergo and successfully complete a certified training 18 19 program in responsible methods and skills for selling ' 19 20 alcoholic beverages, right? Did you consider that? 20 21 MS. AILIN: Objection; relevance, outside the scope 21 22 of direct : 22 23 MR. JAMIESON: Its all in the manner of getting 23 24 ready for her research task, she looked at it and said 24 25 that's what she did. 25 17 (Pages 168 to 171) Page 170 MS. AILIN: She has not given any testimony so far relevant to the question whether condition 26 was complied with or not. MIL JAMIESON: Pm not asking about if it was complied with THE HEARING OFFICER: rm going to overrule the objection, but go ahead and proceed with that line. BY MR. JAMIESON: Q. Did you consider the items that are identified in Exhibit 26, that is that there is supposed to be training for sales of alcoholic beverages at this restaurant? A. I don't know If "considered" is the correct word. I read the use permit and was familiar with it, but it wasn't anything I was charged with in determining whether or not that condition was compiled with. Q. Okay. In reviewing the CUP you also saw that the establishment was described here as an eating and drinking establishment, right? Look at condition No. 27. A. Yes. Q. So now with the information In hand that the conditional use permit provided for this premises to be a restaurant, to be an eating and drinking establishment, to provide dancing after nine o'clock and Page 171 up until 2:00 a.m. in the morning so long as it had a dance permit and to provide live entertainment, you then proceeded with your research task, correct. Fair enough? A. Fair enough, yes. Q. Now, did you also happen to look at the floor Plan for the Fury in preparation for your research? THE HEARING OFFICER: Mr. Jamieson, I want to revisit the objection Miss Ailin previously made because as I understand it, Miss Parker's research project was to look on the Intemet to see what information was there about Fury. Isn't that -- THE WITNESS: Thaw correct. THE HEARING OFFICER: And now you are moving cic off into all the other provisions in the use permit that she may ar may not have been assigned to look at. So maybe if you — I don't want to stick with strict relevance in the determinations here, but on the other hand, if it wasn t her assignment to look at all these issues in the use permit, let's not continue down that road. That would be my suggestion. MR JAMIESON: Understandable, Your Honor, and I hear what you are saying„ and Nri actually just about done with that aspect of it anyway. 1 just think it's important that we understand what Miss Parker's Precise Reporting Service 714- 647 -9099 J,li FURY REVOCATION HEARING - 4/15/2008 J_ts lydc3c5 i IZ t-c0 -LID) Page 174 Q. Now with respect to what information was available and when, let me direct your attention to the first exhibit you — (Telephonic interruption.) THE HEARING OFFICER: If anyone else has a cell phone on, please turn it off. BY MR. JAMIESON: Q. Hiss Parker, with respect to this first exhibit, Exhibit 12, if 1 can direct your attention to that. Ito you have a copy of that in front of you? A. Yes. Q. Now, this particular exhibit, you said you printed from SiennaEntertainment.com on February 4, 2008; is that right? A. That's correct. Q. This says at the top, "Welcome to Sienna Entertainment luxury concierge and travel agency," correct? A. Yes. In other words, luxury concierge and personal VIP service. Oh, on the top. Q. At the very top? A. Uh -huh. Q. Is that "yes"? A. Yes. THE HEARING OFFICER: Excuse me. Will you hold on Page 175 just one minute, please. Proceed. BY MR. JAMIESON: Q. Miss Parker, on the second —well, on the first page of Exhibit 12 at the top right -hand corner it says page 1 of 1; do you see that? A. Yes. Q. So then the second page of Exhibit 12 is not the second page of the document that you printed out with the SiennaEntertainment.com document, is it? A. No, the first page is the home page. The second page is the result after searching for Fury. Q. Okay. THE BEARING OFFICER: That's the Sienna home page? THE WITNESS: Yes, SiennaEntertainment.com. BY MR. JAMIESON: Q. Now, on the second page of Exhibit 12 where It references the name Fury in Orange County, you don't know whether or not Fury either posted this information to that website or authorized it to be posted, do you? A. No, I don't. Q. And do you know who Sienna Entertainment is or where they are located? A. No, I don't have information about Sienna Entertainment. Precise Reporting Service 714- 647 -9099 },1q Page 1721 1 understanding was not only of what she was asked to do 1 2 but also the information she had available to her when 2 3 she started her task because it's naturally going to ! 3 4 atTmt what she's looking for, why she is looking and 4 5 why she chose to print out those things that she chose 5 6 to print out. Otherwise, she could have printed out 6 7 other stuff. I suspect that there were probably many 7 8 other things that were advertised or -- B 9 THE HEARING OFFICER: You said you were almost 1 9 10 through, so let's wrap. 10 11 BY MR. JAMIESON: it 12 Q. With respect to the Boor plan, did you, in 12 13 fact, look at the Boor plan? 13 14 A. I have, yes. 14 15 Q. And you are familiar with the fact that the 15 16 Boor plan that was approved by the CUP allows for a 16 17 dance Boor, correct? 17 18 A. For a Hamburger Mary's CUP? 18 19 Q. The CUP that we are talking about, it says a 19 20 dance Boor is, in fact, approved, right? 20 21 A. Yes, as it is on the Hamburger Mary's plans, 21 22 plot plans. 22 23 Q. Right. Fair enough. 23 24 Now, you testified with regard to want your 1 24 25 understanding of a MySpace page is. Do you remember i 25 Page 173 i 1 that testimony? 1 2 A. Yes. 2 3 Q. And is it correct that a MySpace page allows 3 4 for not only the person who initiated the page itself to 4 5 put information on it, but also anybody and everybody 5 6 else that wants to — what do they call it — write on 6 7 the wall I guess? 7 8 A. Make comments. 8 9 Q. Make comments, put up pictures of themselves 9 10 or others. In other words, it's kind of an evolving 10 11 thing. Would that be true? 11 12 A. That's correct. I often use it to lead me to 12 13 other sites. 13 14 Q. And you don't have any knowledge as to whether 14 15 or not the web page that you referenced as the MySpace 15 16 page of Fury was actually a web page that is initiated 16 17 or owned, if you will, by someone at Fury, do you? 17 18 A. That's correct. 18 19 Q. So somebody else besides Fury or the people 19 20 that operate Fury could have easily put up a web site on 20 21 MySpace that they call Fury, but Fury didn't — isn't 21 22 the one that put it up? 22 23 A. That's correct. 23 24 Q. You don't know either way, right? 24 25 A. That's correct. 25 J_ts lydc3c5 i IZ t-c0 -LID) Page 174 Q. Now with respect to what information was available and when, let me direct your attention to the first exhibit you — (Telephonic interruption.) THE HEARING OFFICER: If anyone else has a cell phone on, please turn it off. BY MR. JAMIESON: Q. Hiss Parker, with respect to this first exhibit, Exhibit 12, if 1 can direct your attention to that. Ito you have a copy of that in front of you? A. Yes. Q. Now, this particular exhibit, you said you printed from SiennaEntertainment.com on February 4, 2008; is that right? A. That's correct. Q. This says at the top, "Welcome to Sienna Entertainment luxury concierge and travel agency," correct? A. Yes. In other words, luxury concierge and personal VIP service. Oh, on the top. Q. At the very top? A. Uh -huh. Q. Is that "yes"? A. Yes. THE HEARING OFFICER: Excuse me. Will you hold on Page 175 just one minute, please. Proceed. BY MR. JAMIESON: Q. Miss Parker, on the second —well, on the first page of Exhibit 12 at the top right -hand corner it says page 1 of 1; do you see that? A. Yes. Q. So then the second page of Exhibit 12 is not the second page of the document that you printed out with the SiennaEntertainment.com document, is it? A. No, the first page is the home page. The second page is the result after searching for Fury. Q. Okay. THE BEARING OFFICER: That's the Sienna home page? THE WITNESS: Yes, SiennaEntertainment.com. BY MR. JAMIESON: Q. Now, on the second page of Exhibit 12 where It references the name Fury in Orange County, you don't know whether or not Fury either posted this information to that website or authorized it to be posted, do you? A. No, I don't. Q. And do you know who Sienna Entertainment is or where they are located? A. No, I don't have information about Sienna Entertainment. Precise Reporting Service 714- 647 -9099 },1q FURY REVOCATION HEARING - 4/15/2008 J_y (rdges lio w 1 /7J Page 178 person who wrote this apparently for Sienna Entertainment is credible, and we don't know if any of this is accurate as to Fury. Would all of that be true? A. Not all of it, no. Q. Well, actually the only thing you can testify to is that when you went to the Internet you saw this information and you printed it out and this is an accurate copy of what you printed out; is that fair? A. That's correct Q. Now, by the way, when this was printed out on February 4 of 2008, the initial hearing to attempt to revoke this conditional use permit had already occurred, that being on January 17th, right? A. That's correct Q. And — that's fine. Let me draw your attention, then, to the next document that you had testified about, that being Exhibit 11. Do you have that in front of you, Miss Parker? A. Yes. Q. Miss Parker, the advertisement here states that this is the year's most exclusive New Year's party, right? A. Yes. Q. Did you attend — Page 179 A. No. Q. — a New Year's party at Fury? A. No, I did not Q. Do you know who owns Mix or Maid (sic)? MS. ALIN: Mix Armada. MR. JAMIESON: Mix Armada. MS. AILIN: You are not -- THE WITNESS: I have not researched who owns Mix Armada. BY MR. JAMIESON. Q. I'm sorry? A. I have not researched who owns Mix Armada, no. Ali I know is they are D.J. promoted. Q. Have you ever met anybody from Mix Armada? A. No, not that I know of. Q. Have you ever attended any event where Mix Armada performed? A. Not that I know of. Q. So you really don't know who they are or what they are, do you? A. Not directly, no. I know what their website has on it Q. When you were searching for this information on the Internet, did you or had you as a result of reviewing the conditional use permit formed an opinion Precise Reporting Service 714- 647 -9099 1 �1 1 Page 176 1 Q. Did you have any dealings in the past with 1 2 Sienna Entertainment on a direct basis? That is, 2 3 talking to somebody either in person or by phone who 3 4 says they are employed by Sienna Entertainment? 4 5 A. No. 5 6 Q. And would you agree that in order for you to 6 7 rely on the veracity of or the credibility of 7 8 information that you find, the veracity and credibility 8 9 is only as good as the source of that information? 9 10 A. That wasn't my task, but you can draw that 10 11 conclusion. 11 12 Q. When you are doing research whether you're 12 13 doing it on the Internet or you are doing it in the 13 14 newspapers or whether you're doing it by looking at 14 15 other documents of some sort, you always have to look to 15 16 see how reliable, credible and true it night be based on 16 17 the source, right? 17 18 A. That's Correct. 18 19 Q. Just because it's printed doesn't mean it's 19 20 true, right? 20 21 A. That's correct. 21 22 Q. You have no knowledge of any relationship 22 23 between Sienna Entertainment and Fury or Fury's 23 24 operators, do you? 24 25 A. Ido not 25 Page 177. 1 Q. You have no knowledge of who, if anyone, on 1 2 behalf of Sienna Entertainment ever actually visited 2 3 Fury at any time, do you? 3 4 A. 1 do not 4 5 Q. You have no information as to whether or not 5 6 any of the information stated on this Exhibit 12 is true 6 7 or accurate as to Fury, do you? 7 8 A. I can only attest to the fact that it's 8 9 recurring, to see the same information on various 9 10 websites. 10 11 Q. Okay. But just like anything else, by 11 12 repeating it more than once doesn't make it true, 12 13 correct? 13 14 A. That's correct. 14 15 Q. So you don't have any understanding as to 15 16 whether or not the information stated in Exhibit 12 is 16 17 true and correct in any manner, do you? 17 18 A. No, I don't. 18 19 Q. And you have no understanding as to whether or 19 20 not the person that actually wrote something here that's 20 21 depicted in Exhibit 12 is a credible person, do you? I 21 22 A. I do not. 22 23 Q. So we don't know who Sienna Entertainment is, 23 24 and we don't know whether or not Sienna Entertainment 24 25 itself is credible, and we don't know whether or not the 25 J_y (rdges lio w 1 /7J Page 178 person who wrote this apparently for Sienna Entertainment is credible, and we don't know if any of this is accurate as to Fury. Would all of that be true? A. Not all of it, no. Q. Well, actually the only thing you can testify to is that when you went to the Internet you saw this information and you printed it out and this is an accurate copy of what you printed out; is that fair? A. That's correct Q. Now, by the way, when this was printed out on February 4 of 2008, the initial hearing to attempt to revoke this conditional use permit had already occurred, that being on January 17th, right? A. That's correct Q. And — that's fine. Let me draw your attention, then, to the next document that you had testified about, that being Exhibit 11. Do you have that in front of you, Miss Parker? A. Yes. Q. Miss Parker, the advertisement here states that this is the year's most exclusive New Year's party, right? A. Yes. Q. Did you attend — Page 179 A. No. Q. — a New Year's party at Fury? A. No, I did not Q. Do you know who owns Mix or Maid (sic)? MS. ALIN: Mix Armada. MR. JAMIESON: Mix Armada. MS. AILIN: You are not -- THE WITNESS: I have not researched who owns Mix Armada. BY MR. JAMIESON. Q. I'm sorry? A. I have not researched who owns Mix Armada, no. Ali I know is they are D.J. promoted. Q. Have you ever met anybody from Mix Armada? A. No, not that I know of. Q. Have you ever attended any event where Mix Armada performed? A. Not that I know of. Q. So you really don't know who they are or what they are, do you? A. Not directly, no. I know what their website has on it Q. When you were searching for this information on the Internet, did you or had you as a result of reviewing the conditional use permit formed an opinion Precise Reporting Service 714- 647 -9099 1 �1 1 FURY REVOCATION HEARING - 4/15/2008 20 (Pages 180 to 183) Page 182 is the name the site has been given, the particular MySpace page. 24 is the age that has been identified in their profile information and female is the information that identified the profile information. Q. When you reference profile information, the little I know from watching my kids do MySpace and Face Book and things, that's generally a profile about the person who the web page or the MySpace page is about; is that right? A. Generally. Q. Now, in this case Fury is a company, so it's neither 24, nor female; would we agree? A. I would agree. Q. And Mr. Gonzalez, who is sitting here, is certainly not female and he doesn't appear to be 24. Would you agree? A. Not to my knowledge. Q. You would agree with that observation, wouldn't you? A. (No answer.) Q. So with respect to the profile being something to identify who actually has this web page, that doesn't help us in determining if the MySpace web page that you looked at to attribute to Fury was actually something that was put up or authorized or Page 183 initiated by Fury, right? It says female, 24? A. Profile information wouldn't indicate that, no. Q. Now, in fact, profile information on a MySpace web page — and 1'B go out on a limb here because I'm going to ask a question 1 don't know the answer to, which is usually something lawyers don't do, but I will try it on this one. The profile can actually be changed by other people other than the person who has the website, right, if they are provided permission to do that? In other words, it's open, I guess they call it? A. It's not open, no. It's — it something that can only be accessed by a person who has the log -in and password information. Q. So in that case if the information were true — and we don't know what information on any website on the Internet is true — MS. AILIN: Objection; move to strike. MR. JAMIESON: I don't blame you. I would move to strike that too. Q. 24 and female certainly doesn't tell us what Fury is? A. It could be their target audience. Q. It could be a lot of things. I will move to strike that as being nonresponsive. Precise Reporting Service 714 - 647 -9099 I ,all Page 180 1 in your mind as you were looking for this information 1 2 that a New Year's Eve party would somehow violate the 2 3 conditional use permit? 3 4 A. No, I did not. 4 5 Q. And by the way, Exhibit I l was not from the 5 6 Fury website, was it? 6 7 A. I believe —this was from the MySpace 7 8 website, and I also located it on Mix Armada's website. 8 9 Q. What was this one, the one that we are looking 9 10 at here, Exhibit l l? 10 11 A. This is from Fury's MySpace web page. 11 12 MR. JAMIESON: I'm going to move to strike as being 12 13 nonresponsive, calls for speculation, lacks foundation 13 14 and Is hearsay. 14 is Q. We have already talked about you don't know 15 16 who put up a MySpace page with the name Fury, right? 16 17 A. That's correct. 17 18 Q. So when you saw Fury's MySpace web page, you 16 19 really can't attribute any information on this web page 19 20 you are looking at to something that Fury owns or put up 20 21 itself, can you? 21 22 A. No, I can verify — 22 23 THE HEARING OFFICER Sustained. 23 24 THE WITNESS: -- it on another website. 24 25 MR. JAMIESON: Thank you. 25 Page 181 1 Q. Let me direct your attention to the next 1 2 document I wrote down that you talked about, which is 2 3 City's Exhibit 14. Do you have that in from of you? 3 4 A. Yes. 4 5 Q. Now, you said that you pulled page I off of a ! 5 6 MySpace web page, right? 6 7 A. Yes. 7 8 Q. Now, the MySpace web page that you printed e 9 this first page in Exhibit 14 from reflects at the top i 9 10 or at least this document reflects at the top 10 11 MySpace.com -Fury Lounge-24- female - Newport Beach, 11 12 California - www.MySpace.com, and then all I can see 12 13 here is iu. Do not— 13 14 What to your understanding— strike that. 1 14 15 withdraw it. 15 16 The language at the very top of the first page 16 17 of Exhibit 14, is that an inquiry — an inquiry that you 17 18 had put into an Internet browser? 18 19 A. No. 19 20 Q. That's not a string of words you put together 20 21 to try and find information? 21 22 A. No, it's mt. 22 23 Q. No. 24 that's refleded in that top line, you 23 24 don't know what that's reflecting, do you? 24 25 A. From my understanding of MySpace, Fury Lounge 25 20 (Pages 180 to 183) Page 182 is the name the site has been given, the particular MySpace page. 24 is the age that has been identified in their profile information and female is the information that identified the profile information. Q. When you reference profile information, the little I know from watching my kids do MySpace and Face Book and things, that's generally a profile about the person who the web page or the MySpace page is about; is that right? A. Generally. Q. Now, in this case Fury is a company, so it's neither 24, nor female; would we agree? A. I would agree. Q. And Mr. Gonzalez, who is sitting here, is certainly not female and he doesn't appear to be 24. Would you agree? A. Not to my knowledge. Q. You would agree with that observation, wouldn't you? A. (No answer.) Q. So with respect to the profile being something to identify who actually has this web page, that doesn't help us in determining if the MySpace web page that you looked at to attribute to Fury was actually something that was put up or authorized or Page 183 initiated by Fury, right? It says female, 24? A. Profile information wouldn't indicate that, no. Q. Now, in fact, profile information on a MySpace web page — and 1'B go out on a limb here because I'm going to ask a question 1 don't know the answer to, which is usually something lawyers don't do, but I will try it on this one. The profile can actually be changed by other people other than the person who has the website, right, if they are provided permission to do that? In other words, it's open, I guess they call it? A. It's not open, no. It's — it something that can only be accessed by a person who has the log -in and password information. Q. So in that case if the information were true — and we don't know what information on any website on the Internet is true — MS. AILIN: Objection; move to strike. MR. JAMIESON: I don't blame you. I would move to strike that too. Q. 24 and female certainly doesn't tell us what Fury is? A. It could be their target audience. Q. It could be a lot of things. I will move to strike that as being nonresponsive. Precise Reporting Service 714 - 647 -9099 I ,all FURY REVOCATION HEARING - 4/15/2008 61 (edges 18R LU 1LO / ) Page 186 correct? A. That's correct, there are references to their menu. Q. And I'm sure that in your Internet research you also found that Fury has a chef that has some renown, if not fame, true? A. Yes, I did read articles about their chef. Q. Now, you didn't— you don't have those copies here with you today that we are looking at do you? A. I believe you provided them as exhibits in documents. Q. So you did see those items when you were doing your research, right? A. I saw some of them on -tine. Some of them were not on -fine. I don't remember which ones were on -line, which ones were not on -line. Q. Is it fair to say in doing your Internet research that as a result of what you were asked to do that by the city attorney's office, you found information about Fury being a restaurant serving food with a well- renowned chef, and it also had live entertainment and dancing, correct? A. Those are — yes, those are items I found. There are other items, but, yes. Q. Let's direct your attention now, please, to Page 187 Exhibit 14 and the second page. On the second page it reflects — it is stated there that Fury is open at 10:00 p.m. and closes at 2:00 a.m.; right? A. Yes. Q. And that in itself is certainly not inconsistent with what you saw in the various permits, right? A. The hours of operation? Q. Right. A. The hours are not inconsistent, no. The hours on the use permit don't say that they open at 10:00, but that they can be open until 2:00 a.m. Q. Right, in fact, they can be open at 11:00 a.m according to the use permit, right? A. Yes. Q. Let me direct your attention to the next document you referenced, which was Exhibit 15. Do you have that in front of you? A. Yes. Q. Now, this particular exhibit, like the other exhibits where you print off information from the Internet, it appears to be attributed to a particular source, which is — here it says TicketTriangle.cum, correct? Precise Reporting Service 714- 647 -9099 ' q, 1 Page 1841 1 1 It doesn't tell us that that's Fury, does it? 1 1 2 A. No, it does not. 2 3 Q. Now, looking at the content of what you 3 4 printed out here where it seems to indicate that on 4 5 Saturdays at Fury there is a D.J. — that's about all 1 5 6 can read here. Is that right, it indicates that there 6 7 is a D.J. on Saturdays at Fury? 7 8 A. Every Saturday Fury with D.J. Chris P. and 8 9 Johnny Knight. 9 10 Q. Now —is there some other information? 10 11 A. Yes, this is a bad copy. 11 12 Q. It's the only one I have. What do you see? 12 13 A. My color copy has spinning hip -hop, mash ups 13 14 in- house, 21 and up. 14 15 Q. May I borrow this? 15 16 A. Sure. 16 17 Q. I should have asked if I could approach, but 17 18 I'm over here now, so — 18 19 THE HEARING OFFICER: You don't appear threatening. 19 20 BY MR. JAMIESON: 20 21 Q. Now, Miss Parker, in the middle of this 21 22 document, which is a better copy of what we have here as 22 23 that exhibit, it also says Fury is an exciting new 23 24 venue that combines an upscale sushi restaurant with a 24 25 unique ultra lounge; is that right? 25 Page 185 1 A. That's correct, that's what it says. 1 2 Q. Thank you. 2 3 When you were given the task of seeing what 3 4 was on the Internet for Fury, did you look to see if 4 5 there was a menu for food available at Fury? 5 6 A. Yes, there is a menu available on Fury's 6 7 website. 7 e Q. Would you agree that it's an extensive menu of 8 9 different types of foods? 9 10 MS. AILIN: Objection; relevance, outside the scope I 10 11 of direct. i 11 12 MR. JAMESON; I don't think so, Your Honor. She 1 12 13 testified that she was given the task of searching for 13 14 things on the Internet She found these things that she 14 15 has identified and she has talked about I want to Find i 15 16 out if she found other things during her task, that -- 16 17 THE HEARING OFFICER: Overruled. 17 18 MR. JAMIESON: -- she has riot provided 18 19 THE HEARING OFFICER: Proceed. 19 20 THE WITNESS: Can I clarify? Do you want -- 20 21 BY MR- JAMIESON: 21 22 Q. Did you see references to food? 22 23 A. Yes, there are references to food. 23 24 Q. In fact, there are a lot of references to food 24 25 all over the Internet about Fury and its extensive menu, 25 61 (edges 18R LU 1LO / ) Page 186 correct? A. That's correct, there are references to their menu. Q. And I'm sure that in your Internet research you also found that Fury has a chef that has some renown, if not fame, true? A. Yes, I did read articles about their chef. Q. Now, you didn't— you don't have those copies here with you today that we are looking at do you? A. I believe you provided them as exhibits in documents. Q. So you did see those items when you were doing your research, right? A. I saw some of them on -tine. Some of them were not on -fine. I don't remember which ones were on -line, which ones were not on -line. Q. Is it fair to say in doing your Internet research that as a result of what you were asked to do that by the city attorney's office, you found information about Fury being a restaurant serving food with a well- renowned chef, and it also had live entertainment and dancing, correct? A. Those are — yes, those are items I found. There are other items, but, yes. Q. Let's direct your attention now, please, to Page 187 Exhibit 14 and the second page. On the second page it reflects — it is stated there that Fury is open at 10:00 p.m. and closes at 2:00 a.m.; right? A. Yes. Q. And that in itself is certainly not inconsistent with what you saw in the various permits, right? A. The hours of operation? Q. Right. A. The hours are not inconsistent, no. The hours on the use permit don't say that they open at 10:00, but that they can be open until 2:00 a.m. Q. Right, in fact, they can be open at 11:00 a.m according to the use permit, right? A. Yes. Q. Let me direct your attention to the next document you referenced, which was Exhibit 15. Do you have that in front of you? A. Yes. Q. Now, this particular exhibit, like the other exhibits where you print off information from the Internet, it appears to be attributed to a particular source, which is — here it says TicketTriangle.cum, correct? Precise Reporting Service 714- 647 -9099 ' q, 1 FURY REVOCATION HEARING - 4/15/2008 at. tragc5 itsa LU iVi? Page 190 Q. And you do not know what, if any, type of entertainment or dancing is reflected on this web page to occur on Friday or Saturday night starting at 9:00 p.m, do you? A. No, all I know is that it's charge — it's a S20 charge to buy a ticket. Q. Which, ordering to the conditional use permit, so long as the restaurant does not share profits with a promoter or advertiser or marketer doesn't violate CUP, does it? MS. AII.IN: Objection; misrepresents the condition as phrased in the use permit. THE HEARING OFFICER: Do you wish to rephrase the question? MR. JAMIESON: I will withdraw, Your Honor. Q. Now, Miss Parker, I note that the date reflected at the bottom right of Exhibit 15 is February 5th, 2008. Is that the day that you printed out this document? A. That's correct Q. And February 5th, 2008, then, certainly was after the initial notice and initial revocation hearing that started January 17th; would you agree? A. Yes, that's correct. Q. When were you asked to look for the Page 191 information that we are talking about today, these exhibits? A. I looked for them early on. I was specifically asked, I believe it was February 4th — I don't recall the date exactly — to print out information. Q. Okay. So prior to January 17th, then, you were not asked to do this particular research; is that true? A. I don't recall. I know I had done most of this research prior to the first hearing, but looked into it further after this first hearing. Q. The documentation and your testimony today reflect information that you were tasked to look for after the January 17th hearing? A. ThaPs correct. MS. AILIN: Can we go off the record for just one second? THE HEARING OFFICER: Sure. (Discussion ensued off the record.) MS. AILIN: Ijust wanted to take a break and note that it was about 12:10 when we took a break off the record just for a restroom break, but do I want to call attention to the fact that we do seem to be -- the point that information on the Internet is imperfect has been Precise Reporting Service 714 - 647 -9099 ,,AA Page 188 1 A. That's correct. 1 2 Q. Now, TicketTriongle.com is not a business or 2 3 entity with which you had any personal interaction; is 3 4 that right? 4 5 A. That's correct. 5 6 Q. You haven't met whoever owns 6 7 TicketTriangle.com; is that right? 7 8 A. Not that I'm aware of. 8 9 Q. Have you ever done business with 9 10 TicketTriangle.com? 10 11 A. Not that I'm aware. 11 12 Q. Did you actually buy or attempt to buy any 12 13 tickets as appear to be depicted here where it says 13 14 "view tickets "? 14 15 A. Myself, no. 15 16 Q. Did you or do you see here where the event for 16 17 Fury or attributed to Fury are reflected for only Friday 17 18 and Saturday night? 18 19 A. That's correct. 19 20 Q. And Fury according to the conditional use 20 21 permit is able to be open seven days a week from 11:00 21 22 a.m. to 2:00 a.m., correct? 22 23 A. That's correct. 23 24 Q. For the Friday, Saturday night, it shows at 24 25 9:00 p.m.; is that right? 25 - Page 189 1 A. It does. 1 2 Q. And as we look at the conditional use permit, 2 3 it allows dancing starting at 9:00 p.m, right? 3 4 A. That's correct. 4 5 Q. Now, it says here, "Event, The Social Group." 5 6 Have you ever talked to anybody who says they are with 6 7 or from The Social Group? 7 8 A. Not directly, no. 8 9 Q. And do you know — do you have any personal 9 10 knowledge, do you know if The Social Group is some type 10 11 of company? Is it a corporation? 11 12 A. It is a corporation. 12 13 Q. And do you have personal knowledge of who 13 14 actually owns or operates some corporation called The 14 15 Social Group? 15 16 A. Pursuant to the Secretary of State's 16 17 information, Matt — I don't have the names in front me. 17 18 There is Matthew and Patrick Doyle, I believe. 18 19 Q. Have you ever talked to them? 19 20 A. No, I have not talked to them 20 21 Q. You have no knowledge of whatever business 21 22 arrangements, if any, there is between Social Group and 22 23 Fury? 23 24 A. I don't know what their business arrangement 24 25 is, no. 25 at. tragc5 itsa LU iVi? Page 190 Q. And you do not know what, if any, type of entertainment or dancing is reflected on this web page to occur on Friday or Saturday night starting at 9:00 p.m, do you? A. No, all I know is that it's charge — it's a S20 charge to buy a ticket. Q. Which, ordering to the conditional use permit, so long as the restaurant does not share profits with a promoter or advertiser or marketer doesn't violate CUP, does it? MS. AII.IN: Objection; misrepresents the condition as phrased in the use permit. THE HEARING OFFICER: Do you wish to rephrase the question? MR. JAMIESON: I will withdraw, Your Honor. Q. Now, Miss Parker, I note that the date reflected at the bottom right of Exhibit 15 is February 5th, 2008. Is that the day that you printed out this document? A. That's correct Q. And February 5th, 2008, then, certainly was after the initial notice and initial revocation hearing that started January 17th; would you agree? A. Yes, that's correct. Q. When were you asked to look for the Page 191 information that we are talking about today, these exhibits? A. I looked for them early on. I was specifically asked, I believe it was February 4th — I don't recall the date exactly — to print out information. Q. Okay. So prior to January 17th, then, you were not asked to do this particular research; is that true? A. I don't recall. I know I had done most of this research prior to the first hearing, but looked into it further after this first hearing. Q. The documentation and your testimony today reflect information that you were tasked to look for after the January 17th hearing? A. ThaPs correct. MS. AILIN: Can we go off the record for just one second? THE HEARING OFFICER: Sure. (Discussion ensued off the record.) MS. AILIN: Ijust wanted to take a break and note that it was about 12:10 when we took a break off the record just for a restroom break, but do I want to call attention to the fact that we do seem to be -- the point that information on the Internet is imperfect has been Precise Reporting Service 714 - 647 -9099 ,,AA FURY REVOCATION HEARING - 4/15/2008 63 lYdyCS 176 t-V 1771 Page 194 MR. JAMIESON: It holds it up to a terrain extent. It does. Sure, it does. MS. MEIN: I was informed that the attorney representing Fury at the meeting that took place yesterday was Michael Cho, not Mr. Jamieson. That's who I was told was going to be at the meeting on behalf of Fury. THE HEARING OFFICER: Even if that's true, it doesn't matter. We have to proceed here, and that transaction -- whatever that transaction is or isn't is going to proceed, 1 presume. MR. JAMIESON: That's true, and the hearing officer made the determination this morning, and 1 respect that, and that's what we are doing, and that's the story. THE HEARING OFFICER: We are consuming a lot of time, 1 agree. I would urge you both to accelerate to the extent you can, and I do tell you that, as I mentioned earlier off the record, that I'm going to insist that personal concerns get less and less weight in terms of how long we go with this hearing. And I agree that we take witnesses out of order if we need to because we do need to move it, assuming, which we have to, that that sale transaction does not occur. So would that -- the next comment you made was taking -- what would be the next point, taking witnesses Page 195 out of order! M5. AILIN: We may need to take witnesses out of order. THE HEARING OFFICER: Do you need to make a call right now or anything like that? MS. AI.IN: I don't right now. We do have witnesses waiting elsewhere in city hall who want to know if they can go to lunch, so I think we need to decide when or whether we are breaking for lunch and when we are going to resume. THE HEARING OFFICER: Why don't we conclude Miss Parker assuming we can in the next few minutes and then take a half hour at the most for lunch and then get started again. Does that help you at all? MS. AILIN: That would allow me to -- THE HEARING OFFICER: They could go get something. MS. AI-IN: — release the witnesses who are waiting until about 1:30. THE HEARING OFFICER: Well, that's a drag because that means we are going to lose -- it depends how long we go with Miss Parker right now. MS. ARJN: Right. THE HEARING OFFICER: How much more do you have, you think? MR. JAMIESON: 15, 20 minutes. Precise Reporting Service 714 - 647 -9099 I -J�3 Page 192 1 made. We are now at a point where any minute now 1 2 somebody from People from the Ethical Treatment of 2 3 Animals is going to be in here demanding that we stop 3 4 beating this dead hone. 4 5 MR. JAMIESON: I don% think Miss Parker is a 5 6 hone. 6 7 MS. AILIN: We do have — well, the issue the 7 8 imperfect nature of Internet information certainly is 8 9 for this purpose. We do have a limited amount of 9 10 hearing time available. I have some difficulties with ! 10 11 witness availability on Friday, and I had hoped to be j 11 12 able to go through the witnesses I can't bring on Friday 12 13 today. At the rate we are going that clearly is not 13 14 going to happen. So I want to suggest that we need to 14 15 move on here and that we may also need to consider 15 16 possibly taking some witnesses out of order on Friday in 16 17 order to use the time that we have scheduled. I think 17 18 what we are seeing here, frankly, is an effort on 18 19 Mr. Jamieson's par to get the continuance to Friday 19 20 that he was seeking at the beginning of the hearing by 20 21 slowing these proceedings down as much as possible. 21 22 MR. JAMIESON: May I respond? 22 23 THE HEARING OFFICER: You can if you wish 23 24 MR. JAMIESON: I wish to respond. 24 25 THE HEARING OFFICER: Frankly, whether you are or 25 Page 193! 1 not, we are still proceeding at the rate we are 1 2 proceeding. Sure, go ahead. 2 3 MR. JAMIESON: Just for purposes of the record just 3 4 to respond, first of all, I'm not proceeding in this i 1 4 5 manner for any purpose other than to fully and 5 6 adequately reflect my client's constitutional rights to 6 7 this multi - million dollar business and location and to 7 s the extent that the City is attempting to revoke its e 9 ability to do business, it's clearly an important vested 9 10 property right, and that's all rm trying to do. 10 11 With respect to the issue of the continuance 11 12 or the deferment that I had requested originally, the 12 13 only reason for requesting that would be to allow us to 13 14 take this time today to try and put this rrratter to rest 14 15 fully and finally in terms of a resolution, and so to 15 16 the extent that rut taking as much time as I have to 16 17 take here, it's not allowing me to get that done so that 17 18 we have some -- 16 19 THE HEARING OFFICER: Would you be participating in 19 20 this transaction involving a sale of the property or 20 21 whatever is going on? 21 22 MR. JAMIESON: Well, I would be -- 22 23 THE HEARING OFFICER: Is that your role, and you 23 24 are saying you are holding up the transaction because 24 25 you have to be here? 25 63 lYdyCS 176 t-V 1771 Page 194 MR. JAMIESON: It holds it up to a terrain extent. It does. Sure, it does. MS. MEIN: I was informed that the attorney representing Fury at the meeting that took place yesterday was Michael Cho, not Mr. Jamieson. That's who I was told was going to be at the meeting on behalf of Fury. THE HEARING OFFICER: Even if that's true, it doesn't matter. We have to proceed here, and that transaction -- whatever that transaction is or isn't is going to proceed, 1 presume. MR. JAMIESON: That's true, and the hearing officer made the determination this morning, and 1 respect that, and that's what we are doing, and that's the story. THE HEARING OFFICER: We are consuming a lot of time, 1 agree. I would urge you both to accelerate to the extent you can, and I do tell you that, as I mentioned earlier off the record, that I'm going to insist that personal concerns get less and less weight in terms of how long we go with this hearing. And I agree that we take witnesses out of order if we need to because we do need to move it, assuming, which we have to, that that sale transaction does not occur. So would that -- the next comment you made was taking -- what would be the next point, taking witnesses Page 195 out of order! M5. AILIN: We may need to take witnesses out of order. THE HEARING OFFICER: Do you need to make a call right now or anything like that? MS. AI.IN: I don't right now. We do have witnesses waiting elsewhere in city hall who want to know if they can go to lunch, so I think we need to decide when or whether we are breaking for lunch and when we are going to resume. THE HEARING OFFICER: Why don't we conclude Miss Parker assuming we can in the next few minutes and then take a half hour at the most for lunch and then get started again. Does that help you at all? MS. AILIN: That would allow me to -- THE HEARING OFFICER: They could go get something. MS. AI-IN: — release the witnesses who are waiting until about 1:30. THE HEARING OFFICER: Well, that's a drag because that means we are going to lose -- it depends how long we go with Miss Parker right now. MS. ARJN: Right. THE HEARING OFFICER: How much more do you have, you think? MR. JAMIESON: 15, 20 minutes. Precise Reporting Service 714 - 647 -9099 I -J�3 FURY REVOCATION HEARING - 4/15/2008 24 (Pages 196 to 199) Page 196 you? A. Personally or from this web page? Q. Well, personally for one. A. Personally, no. Q. And from this web page the only reference that you are looking at from which you draw the conclusion that there is some type of general admission is where it says GA, right? A. I —from what is printed, that's correct. That's what is printed, but I believe there is a — you can click on the venue map, click to see venue map. Q. But you have not done that and you don't have that, correct? A. I have done that, and I don't have it attached here, no. Q. So as you sit here today, you don't have any testimony about other types of sections of some sort or whether or not this is correct, that there is a GA of any kind, right? A. I'm sorry. What is the question? Q. As you sit here today, you don't know if there is any type of general admission versus some other type of admission for any particular day, time for Fury, do you? A. Ticket Triangle there is only tickets for Page 199 section GA. Q. And it doesn't say anything on here as to what GA reflects, does it? A. When you click on the venue map, GA is general admission. Q. You don't have the venue map here, do you? A. No, I do not. Q. And you have no knowledge as to whether or not any tickets of any kind were ever actually sold to anybody on anybody on any website, do you? A. No, l do not. Q. So If Mr. Gonzalez were to testify that no tickets were ever sold through any type of website that we are looking at here, you would have no information to contradict that, would you? A. No. Q. Let's draw your attention to Exhibit 17, please. Do you have that in front of you? A. Yes. Q. Now, with respect to the dates and times here that start off with February 5th and go up through May of some date, do you have any knowledge, personal knowledge, as to whether or not any event of any kind occurred at Fury up to the current day? That would take us up to about April 12, 1 guess. Precise Reporting Service 714 - 647 -9099 I -, l Page 196 1 THE HEARING OFFICER: Well, then you're going a 1 2 want to -- okay. Well, let's -- 2 3 MS. AILIN: My recross so far will be very short. 3 4 THE HEARING OFFICER: Let's go ahead and release 4 5 the witnesses, you know, but ask them to be back here by 5 6 what? 1:30? 6 7 MS. AILIN: Yes, I think so. 7 e Kristi, can you call up and do that? 8 9 THE HEARING OFFICER: Are there any arrangements 9 10 you can make for -- are we on the record? 10 11 MS. AILIN: Yes, but I think maybe we need to be on 11 12 the record. 12 13 THE HEARING OFFICER: Well, I understand. I was j 13 14 curious about whether there is any way that arrangements 14 15 could be made for Mr. Jamicson's need to be back at his 15 16 home by five o'clock today. 16 17 MR. JAMIESON: Well, Your Horan, what I'm going to 17 18 do as soon as we take a break for lunch, l will call and 18 19 find out if arrangements have been made because they are 19 20 attempting to be made anyway, and hopefully they have. 20 21 If they have, we are good. That's already in process. 21 22 THE HEARING OFFICER: Thank you. 22 23 MS. AILIN: And we do -- we will be concluding at 23 24 5:00 today as I understand it. 24 2S THE HEARING OFFICER: I don't know why we need to 25 -- -- _ - - -- Page 197 1 unless we have to. I prefer not to. We didn t get 1 2 started until 10:30, and it makes for short days. 2 3 MS. AILIN: Unfortunately, I have to attend a 3 4 planning commission meeting on behalf of another client, 4 5 and 1 was -- I looked into making arrangements for 5 6 someone else to cover that meeting and couldn't get 6 7 anyone, and so I would need to leave at 5:00. 7 8 THE HEARING OFFICER: All right. Then let's please e 9 revisit this calendar issue with respect to the ensuing 1� 9 10 day before the 22nd and see if you can't rearrange 1 10 11 something here. 1 will rearrange my life to do it, 11 12 which may not be as intense as yours, but let's work on 12 13 it and report back before we leave today. 13 14 Let's go on with Miss Parker, then, 14 is cross - examination by Mr. Jamieson. 15 16 MR. JAMIESON: Thank you. 16 17 Q. Miss Parker, let me direct your attention to 17 18 Exhibit 16. Do you have that in front of you? 18 19 A. Yes. 19 20 Q. Now, you made reference to Exhibit 16 and 20 21 stated general admission. Were you referencing the 21 22 letters GA? 22 23 A. Section GA, yes. 23 24 Q. You don't know if there are any sections of 24 25 any kind within Fury general admission or otherwise, do 25 24 (Pages 196 to 199) Page 196 you? A. Personally or from this web page? Q. Well, personally for one. A. Personally, no. Q. And from this web page the only reference that you are looking at from which you draw the conclusion that there is some type of general admission is where it says GA, right? A. I —from what is printed, that's correct. That's what is printed, but I believe there is a — you can click on the venue map, click to see venue map. Q. But you have not done that and you don't have that, correct? A. I have done that, and I don't have it attached here, no. Q. So as you sit here today, you don't have any testimony about other types of sections of some sort or whether or not this is correct, that there is a GA of any kind, right? A. I'm sorry. What is the question? Q. As you sit here today, you don't know if there is any type of general admission versus some other type of admission for any particular day, time for Fury, do you? A. Ticket Triangle there is only tickets for Page 199 section GA. Q. And it doesn't say anything on here as to what GA reflects, does it? A. When you click on the venue map, GA is general admission. Q. You don't have the venue map here, do you? A. No, I do not. Q. And you have no knowledge as to whether or not any tickets of any kind were ever actually sold to anybody on anybody on any website, do you? A. No, l do not. Q. So If Mr. Gonzalez were to testify that no tickets were ever sold through any type of website that we are looking at here, you would have no information to contradict that, would you? A. No. Q. Let's draw your attention to Exhibit 17, please. Do you have that in front of you? A. Yes. Q. Now, with respect to the dates and times here that start off with February 5th and go up through May of some date, do you have any knowledge, personal knowledge, as to whether or not any event of any kind occurred at Fury up to the current day? That would take us up to about April 12, 1 guess. Precise Reporting Service 714 - 647 -9099 I -, l FURY REVOCATION HEARING - 4/15/2008 az:r Irayc6 zVU w awJ Page 202 like a Staples event center. Q. And down below where it says "Fury concert tickets," have you seen anything in your Internet research where any particular group has actually performed a concert? A. Just D.J. groups. Q. And those D.J. groups that you reflected, those D.J. groups according to the Internet research you did were providing their services after 9:00 p.m. on Friday and Saturday night and up to 2:00 a.m. just like the CUP and the live entertainment permits allow them to do? A. 1 have seen evidence that they do work on Thursday, Friday and Saturday, but 1 have also seen that they provide live entertainment on other nights. Q. Okay. You have never been to any of those events. We have confirmed that? A. That's correct. Q. Now, with regard to the theater, it says "Fury theater tickets." You are not aware of Fury being a theater venue, are you? MS. AIIJ N: Objection; cumulative, relevance. MR. JAMIESON: First time I asked about theater. THE WITNESS: fm sure every site -- Page 203 BY MR. JAMIESON: Q. In fact, Miss Parker, what this tells us is that this web page that you printed out seems to indicate that Fury has a sporting venue, a concert venue and/or a theater venue, but we know that at least — we know that all three of those are not true, correct? A. I — MS. AB.IN: Objection. THE WITNESS: I can draw that conclusion. BY MR. JAMIESON: Q. You can draw that conclusion? A. I suppose you can draw that conclusion. THE HEARING OFFICER: She already testified she doesn't know. THE WITNESS: I have no idea. BY MR. JAMIESON: Q. But the point is that just because this Internet page that you have printed out says that there are such Fury sports tickets, Fury concert tickets or Fury theater tickets doesn't mean that it's true that there are such tickets? A. It says that — MS. Afi.IN: Objection; asked and answered. BY MR. JAMIESON: Q. It also doesn't mean that Fury engages in Precise Reporting Service 714 - 647 -9099 I'a5 Page 200 1 A. Can you specify what you mean by event? 1 2 Q. Sure. It says here "Fury event schedule." 2 3 You don't know what event is being depicted here, do 3 4 you? 4 5 A. It's a Social Group event. 5 6 Q. Well, you don't know what a Social Group event 6 7 is, do you? 7 8 A. Not from this website, no. 8 9 Q. And you have never been to Fury, so you can't 9 10 tell as whether or not any Fury event ever occurred on 10 11 any of the days that appear to be referenced on this web 11 12 page, can you? 12 13 A. The video gives other days. The YouTube video j 13 14 indicates that Social Group events are held Friday and 1 14 15 Saturday, but from this web page, no. is 16 Q. Now, the video that you referenced has no 16 17 relation to Coast to Coast Tickets, does it? 17 16 A. Not that I'm aware of, no. 18 19 Q. And the video that you referenced doesn't 19 20 depict, according to your knowledge, any of the 20 21 so -called events identified here by date, does it? 21 22 A. No, it doesn't. 22 23 Q. Directing your attention up to the top and 23 24 kind of the center of the first page of Exhibit 17 where 24 25 it says "Buy Fury event tickets "; do you see that? 25 Page 201 1 A. Yes. 1 2 Q. And you see "venue guide" below that; do you 2 3 see that? 3 4 A. Yes. 4 5 Q. Now, down below that it lists by bullet points 5 6 different types of things. It says "Fury sports 6 7 tickets "; do you see that? 7 8 A. Yes. 8 9 Q. You have never seen anything in your Internet j 9 10 research that reflects that Fury is a sporting venue, 10 11 right? 11 12 A. No, I have not. 12 13 Q. And to your knowledge, based on your Internet 13 14 research there is no venue for a Fury sporting event, is 14 15 there? 15 16 A. No. 16 17 Q. We are not contending here that Fury is a 17 18 Staples type of location, right? 18 19 A. Staples? 19 20 Q. Have you ever been to Staples up in Los 20 21 Angeles, big arena, Lakers play there? 21 22 A. 1 thought you were referring to the office 22 23 store. 23 24 Q. That's a reasonable assumption. I apologize. 24 25 A. No, I have no information about Fury acting 25 az:r Irayc6 zVU w awJ Page 202 like a Staples event center. Q. And down below where it says "Fury concert tickets," have you seen anything in your Internet research where any particular group has actually performed a concert? A. Just D.J. groups. Q. And those D.J. groups that you reflected, those D.J. groups according to the Internet research you did were providing their services after 9:00 p.m. on Friday and Saturday night and up to 2:00 a.m. just like the CUP and the live entertainment permits allow them to do? A. 1 have seen evidence that they do work on Thursday, Friday and Saturday, but 1 have also seen that they provide live entertainment on other nights. Q. Okay. You have never been to any of those events. We have confirmed that? A. That's correct. Q. Now, with regard to the theater, it says "Fury theater tickets." You are not aware of Fury being a theater venue, are you? MS. AIIJ N: Objection; cumulative, relevance. MR. JAMIESON: First time I asked about theater. THE WITNESS: fm sure every site -- Page 203 BY MR. JAMIESON: Q. In fact, Miss Parker, what this tells us is that this web page that you printed out seems to indicate that Fury has a sporting venue, a concert venue and/or a theater venue, but we know that at least — we know that all three of those are not true, correct? A. I — MS. AB.IN: Objection. THE WITNESS: I can draw that conclusion. BY MR. JAMIESON: Q. You can draw that conclusion? A. I suppose you can draw that conclusion. THE HEARING OFFICER: She already testified she doesn't know. THE WITNESS: I have no idea. BY MR. JAMIESON: Q. But the point is that just because this Internet page that you have printed out says that there are such Fury sports tickets, Fury concert tickets or Fury theater tickets doesn't mean that it's true that there are such tickets? A. It says that — MS. Afi.IN: Objection; asked and answered. BY MR. JAMIESON: Q. It also doesn't mean that Fury engages in Precise Reporting Service 714 - 647 -9099 I'a5 FURY REVOCATION HEARING - 4/15/2008 26 (Pages 204 to 207) Page 206 THE HEARING OFFICER: -- it is cross - examination, so 1 will allow it. BY MR. JAMIESON: Q. True? A. Does the permit allow them to have tickets sold for Friday and Saturday night? MR. JAMIESON: If the court reporter could read back my question, please. (Record read.) THE WITNESS: 1 still don't understand the question. BY MR. JAMIESON: Q. Let me rephrase it. A. Conditional use permits does allow dancing and live entertainment Friday and Saturday nights. Q. And the only thing that we see with this document, Exhibit 18, is that something was being advertised by somebody to occur maybe at Fury on a Friday or Saturday night starting at nine o'clock, true? A. This document shows a Social Group advertising this event. MR. JAMIESON: 1 will move to strike as being nonresponsive, lacks foundation. Q. You don't know who initiated this page or who's advertising what. Ali you know is that it has the Page 207 name Zvents at the top, Social Group down to the middle and then references creator as being Ticket Network, right? A. That's correct. Q. And the only thing it reflects here is that on a Friday and Saturday night starting at nine o'clock something — it says here category music was gang to occur, right? A. That's correct. Q. And in fact, the CUP and the Entertainment permits that you looked at in preparation for your research allowed the Fury to provide music on a Friday or Saturday night starting at nine o'clock, correct? A. That's correct THE HEARING OFFICER: Miss Ailin, are you attempting to prove that they conduct live entertainment and dancing on nights or at times that the permit doesn't allow? MS. ABdN: That is not a major aspect of this. The one advertisement -- THE HEARING OFFICER: Even if it's an aspect, then he has a right to keep gang. Otherwise rm convinced of what these pages say and so forth, so -- but if you are -- or if you want to allude to that, then Mr. Jamieson has the privilege to keep going. Precise Reporting Service 714 - 647 -9099 1 26 Page 2041 1 those so- called events, right? 1 2 A. Yes, that's correct. 2 3 Q. Now, it was printed out on February 4, 2008. 1 3 4 We know that because the bottom right -hand corner 4 5 printout tells us that, correct? 5 6 A. That's correct. 6 7 Q. And it references these what it identifies as 7 8 events to occur in the future, right? 8 9 A That's correct. 9 10 Q. But you can't testify that any of these 10 11 particular days identified here had any events, nor that j 11 12 any tickets were sold for such events; all true? 12 13 A. From this website, no. From other reports. 13 14 Q. I'm just asking about this website for now. 14 15 A. This website 1 can't draw any conclusions ! 15 16 from it when it comes to if these events occurred or 16 17 not. 17 18 Q. Let me turn your attention, please, to ! 18 19 Exhibit 18, which is the next document which you 19 20 reflected or testified about This is apparently a i 20 21 printout from something called Zvents; is that correct? 21 22 A. That's correct. 22 23 Q. And is it correct that you don't know who owns 23 24 operates or publishes Zvents? 24 25 A. I did not look into that no. j 25 Page 205 1 Q. [sit correct that you don't know who, then, 1 2 provided the information reflected there of age 2 3 suitability or tags, whatever lags is? 3 4 A I don't know who provided that information. 4 5 The website states the creator was Ticket Network. 5 6 Q. You don't know who Ticket Network is, do you? 6 7 A. Who owns them, no, I don't From my previous 7 8 research Ticket Triangle is associated with Ticket 8 9 Network according to their website. 9 10 Q. None of which is related to the Fury, is it? 10 11 A. I do not know. 11 12 Q. There is not one date on here that even seem 12 13 to reference Fury that is not a Friday or Saturday night 13 14 starling at nine o'clock p.m., is there? 14 15 A. That's correct. 15 16 Q. And so whatever was going on or supposedly was 16 17 being advertised by somebody to go on at the Fury was to 17 18 go on on a Friday or Saturday night after 9:00 o'clock, 18 19 which is exactly what the conditional use permit and 19 20 other permits you looked at in preparation for your 20 21 research allowed them to do, true? 21 22 MS. AILIN: Objection; counsel is testifying. 22 23 THE BEARING OFFICER: That's a leading question, 23 24 but 24 25 MR. JAMIESON: It is cross. 25 26 (Pages 204 to 207) Page 206 THE HEARING OFFICER: -- it is cross - examination, so 1 will allow it. BY MR. JAMIESON: Q. True? A. Does the permit allow them to have tickets sold for Friday and Saturday night? MR. JAMIESON: If the court reporter could read back my question, please. (Record read.) THE WITNESS: 1 still don't understand the question. BY MR. JAMIESON: Q. Let me rephrase it. A. Conditional use permits does allow dancing and live entertainment Friday and Saturday nights. Q. And the only thing that we see with this document, Exhibit 18, is that something was being advertised by somebody to occur maybe at Fury on a Friday or Saturday night starting at nine o'clock, true? A. This document shows a Social Group advertising this event. MR. JAMIESON: 1 will move to strike as being nonresponsive, lacks foundation. Q. You don't know who initiated this page or who's advertising what. Ali you know is that it has the Page 207 name Zvents at the top, Social Group down to the middle and then references creator as being Ticket Network, right? A. That's correct. Q. And the only thing it reflects here is that on a Friday and Saturday night starting at nine o'clock something — it says here category music was gang to occur, right? A. That's correct. Q. And in fact, the CUP and the Entertainment permits that you looked at in preparation for your research allowed the Fury to provide music on a Friday or Saturday night starting at nine o'clock, correct? A. That's correct THE HEARING OFFICER: Miss Ailin, are you attempting to prove that they conduct live entertainment and dancing on nights or at times that the permit doesn't allow? MS. ABdN: That is not a major aspect of this. The one advertisement -- THE HEARING OFFICER: Even if it's an aspect, then he has a right to keep gang. Otherwise rm convinced of what these pages say and so forth, so -- but if you are -- or if you want to allude to that, then Mr. Jamieson has the privilege to keep going. Precise Reporting Service 714 - 647 -9099 1 26 a FURY REVOCATION HEARING - 4/15/2008 27 (Pages 208 to 211) Page 210 A. That's correct. Q. And it identifies a particular date of Friday, February 8, 2008 at nine o'clock p.m., true? A. True. Q. And is it correct that you don't know what happened on Friday, February 8th starting at nine o'clock p.m., do you, at Fury? A. I was not there, no. Q. Okay. Now, with respect to — let's move to Exhibit 19. Now, we haven't seen the video here today, so I just have a few questions about what you have testified to. First of all, the video that is being proffered was a video that you found on YouTube, right? A. That's correct. Q. And the video you found on YouTube was a video that indicates according to your notes that you looked at was added December 12, 2007, which is what you testified to, right? A. Yes. Q. The video itself — strike that. You have no knowledge of when the video was actually taken, correct? A. From — when you watch the video, it indicates that they were open for four months. That is the only knowledge I have of when the video was taken. Page 211 Q. So you don't know what date or what time or what day of the week the video was taken at all, true? A. Correct. Q. And you don't know who actually was taking the video at whatever date, time, location it was taken, true? A. No, I do not know who the cameraman was. Q. And you also don't know what happened to the videotape after it was actually shot and before it got posted to some websile called YouTube, do you? A. No. Q. And you have never seen the inside of the Fury, so you don't know whether or not — from your personal knowledge what may be depicted in this video we are talking about is actually the inside of Fury, do you? A. Just from my personal knowledge, no, I do not know what the inside of Fury looks like. I didn't go inside — Q. I'm not asking anything further. You have answered my question. Thank you. And the YouTube video notes that you were looking at reflects that the time of the video was — I think seven minutes, 46 seconds, so if we look at the video, it should reflect that as well; is that right? Precise Reporting Service 714- 647 -9099 1'Al Page 208 1 MS. AQ,M: Well, I would -- 1 2 THE HEARING OFFICER: If he is almost done, you can 2 3 avoid the question. 3 4 MS. AU-IN: I would agree if this particular 4 5 document were the document that shows that, and clearly 5 6 it doesn't, I don't contest that. Exhibit 12 does 6 7 indicate that there is live entertainment and dancing 7 8 from 6:00 p.m. to 2:00 a.m. Monday through Friday, which 8 9 is not consistent with the use permit, but that is the 9 10 only exhibit that indicates that they are engaging in 10 11 those acti vities at a time that's not consistent with 11 12 the use permit. 12 13 MR. JAMIESON: And the rest of it is irrelevant? 13 14 MS. AILIN: I wouldn't say the rest of them are 14 15 irrelevant because there is an issue about ticket sales. 15 16 My understanding is the use permit is nobody is supposed 16 17 to be selling tickets per se. It's a restaurant. It is 17 18 not a bar. There is not supposed to be something akin 18 19 to a cover charge. I 19 20 MR. JAMIESON: And there is no evidence that any ! 20 21 tickets were ever sold. ! 21 22 THE HEARING OFFICER: This is advertising. It may 22 23 be paid for by the Fury and it may not be. We dont 23 24 have any evidence about that. Let's wrap up whatever,' 24 25 else you need to do with these pages given what we have 25 27 (Pages 208 to 211) Page 210 A. That's correct. Q. And it identifies a particular date of Friday, February 8, 2008 at nine o'clock p.m., true? A. True. Q. And is it correct that you don't know what happened on Friday, February 8th starting at nine o'clock p.m., do you, at Fury? A. I was not there, no. Q. Okay. Now, with respect to — let's move to Exhibit 19. Now, we haven't seen the video here today, so I just have a few questions about what you have testified to. First of all, the video that is being proffered was a video that you found on YouTube, right? A. That's correct. Q. And the video you found on YouTube was a video that indicates according to your notes that you looked at was added December 12, 2007, which is what you testified to, right? A. Yes. Q. The video itself — strike that. You have no knowledge of when the video was actually taken, correct? A. From — when you watch the video, it indicates that they were open for four months. That is the only knowledge I have of when the video was taken. Page 211 Q. So you don't know what date or what time or what day of the week the video was taken at all, true? A. Correct. Q. And you don't know who actually was taking the video at whatever date, time, location it was taken, true? A. No, I do not know who the cameraman was. Q. And you also don't know what happened to the videotape after it was actually shot and before it got posted to some websile called YouTube, do you? A. No. Q. And you have never seen the inside of the Fury, so you don't know whether or not — from your personal knowledge what may be depicted in this video we are talking about is actually the inside of Fury, do you? A. Just from my personal knowledge, no, I do not know what the inside of Fury looks like. I didn't go inside — Q. I'm not asking anything further. You have answered my question. Thank you. And the YouTube video notes that you were looking at reflects that the time of the video was — I think seven minutes, 46 seconds, so if we look at the video, it should reflect that as well; is that right? Precise Reporting Service 714- 647 -9099 1'Al Page 209! 1 just discussed, and we can go on. 1 2 MR. JAMIESON: Certainly. 2 3 Q. Let's move to Exhibit 18 with respect to page 3 4 3 of that exhibit, please. Do you have that in front of 4 5 you, Miss Parker? 5 6 A. Yes. The page 3 is the same as page t? 6 7 Q. Is it? 7 8 THE HEARING OFFICER: It says page 1 of 2 at the 8 9 top, right. 9 10 BY MR. JAMIESON: 10 11 Q. The last page of Exhibit 18. 11 12 A. Okay. 12 13 Q. Do you have that in front of you? 13 14 A. Yes. 14 15 Q. 1 think it says No. 220 at the bottom 15 16 right -hand corner. 16 17 A. Yes. 17 18 Q. That particular page is similarly a Zvent page is 19 apparently, right? 19 20 A. Yes. 20 21 Q. And that one reflects that there was a GA on 21 22 here; is that right? 22 23 A. Yes, a section GA. 23 24 Q. And this one does not say anything as to what ! 24 25 GA means, right? 25 27 (Pages 208 to 211) Page 210 A. That's correct. Q. And it identifies a particular date of Friday, February 8, 2008 at nine o'clock p.m., true? A. True. Q. And is it correct that you don't know what happened on Friday, February 8th starting at nine o'clock p.m., do you, at Fury? A. I was not there, no. Q. Okay. Now, with respect to — let's move to Exhibit 19. Now, we haven't seen the video here today, so I just have a few questions about what you have testified to. First of all, the video that is being proffered was a video that you found on YouTube, right? A. That's correct. Q. And the video you found on YouTube was a video that indicates according to your notes that you looked at was added December 12, 2007, which is what you testified to, right? A. Yes. Q. The video itself — strike that. You have no knowledge of when the video was actually taken, correct? A. From — when you watch the video, it indicates that they were open for four months. That is the only knowledge I have of when the video was taken. Page 211 Q. So you don't know what date or what time or what day of the week the video was taken at all, true? A. Correct. Q. And you don't know who actually was taking the video at whatever date, time, location it was taken, true? A. No, I do not know who the cameraman was. Q. And you also don't know what happened to the videotape after it was actually shot and before it got posted to some websile called YouTube, do you? A. No. Q. And you have never seen the inside of the Fury, so you don't know whether or not — from your personal knowledge what may be depicted in this video we are talking about is actually the inside of Fury, do you? A. Just from my personal knowledge, no, I do not know what the inside of Fury looks like. I didn't go inside — Q. I'm not asking anything further. You have answered my question. Thank you. And the YouTube video notes that you were looking at reflects that the time of the video was — I think seven minutes, 46 seconds, so if we look at the video, it should reflect that as well; is that right? Precise Reporting Service 714- 647 -9099 1'Al FURY REVOCATION HEARING - 4/15/2008 28 (Pages 212 to 215) Page 214 Mr. Schillizzi and his wife, so let's not confuse the two. MR. JAMIESON: I apologize. I apologize. My mistake. Q. So you didn't see any woman that purported to be Mr. Schillizd's wife on the video? A. Not that 1 know of. Q. Did the video that you downloaded and that is being proffered in this proceeding as Exhibit 19 depicts the time of day that it was taken? A. Just that it was at night. Q. When you say night, it appeared to you to be inside a building, right? A. I'm just referring to the portion that was filmed outside. It was dark outside, and the sign was a little — MS. AILIN: Go off the record. (Telephonic interruption.) THE HEARING OFFICER: Back on. Can we turn that phone off somehow? We don't need that interruption again. BY MR. JAMIESON: Q. Miss Parker, other than your observation of this video that it appears to be nighttime, you have no knowledge of what time during the evening or the night Page 215 it was apparently shot, do you? A. That's correct The only knowledge I have is from viewing the video. Q. And it doesn't say on the video — A. No, it does not. Q. -- either verbally or in writing what time it allegedly took place? A. No, it does not. THE HEARING OFFICER: Excuse me just a moment. I did not hear Miss Parker testify that she has viewed this video and, if so, how many times. Did she testify to that? MS. AI.IN: She testified that she has viewed the video. MR. JAMIESON: 1 thought she did. THE HEARING OFFICER: Lees proceed their. BY MR. JAMIESON: Q. Miss Parker, when you viewed this video, Exhibit 19, is it correct to say that there is nothing either orally stated or in writing as to what date it took place? A. There is no specific date identified in the video, no. Q. The four months that you referenced, that's a conclusion that you drew from your knowledge that Fury Precise Reporting Service 714 - 647 -9099 ,A� Page 212 1 A. Where do you we that? 1 2 Q. (Indicating). 2 3 A. It looks like it's seven minutes, 46 seconds. 3 4 Q. Okay. Thank you. 4 5 THE HEARING OFFICER: Is that an exhibit you have j 5 6 been referring to? 6 7 MR. JAMIESON: No, it's not. It's the document 7 8 that she looked at when she referenced her notes, and so 8 9 1 was asking her -- since we haven't seen the video, 9 10 it's kind of an interesting issue. We can't look at I 10 11 that, what her testimony is with regards to the video 11 12 itself, and since she has been proffered as part of the 12 13 foundation of this video, I want to question her about 13 14 that. 14 15 Q. Miss Parker, you don't know H there was a 15 16 video shot at Fury at some point in time, how long that 16 17 actual video was and if the video that you downloaded 17 18 that is being proffered here in this proceeding is 18 19 actually an edited version, do you? 19 20 A. No, I do not know if it's an edited version or 20 21 not. 21 22 Q. And you can't attest here under oath to the 22 23 accuracy of the video in depicting whatever was actually 23 24 filmed at whatever date, time or location it was 24 25 apparently filmed, can you? 25 Page 2131 1 A. No, l cannot. 1 2 Q. You mentioned a Mr. Schillizzi In your direct 2 3 testimony. Have you ever met Mr. Schillizzi? 3 4 A. Yes, I have. 4 5 Q. And you mentioned I think— was it his wife 5 6 you referenced? 6 7 A. Yes. 7 e Q. Have you ever met his wife? 8 9 A. No, I have not. 9 10 Q. So I suppose— well, how many times have you 10 11 met Mr. Schillizzi? 11 12 A. Maybe half a dozen times. 12 13 Q. So I suppose that based on your meeting 13 14 Mr. Schillizzi If you saw a person on the screen 14 15 somewhere you could make —you could render an opinion 15 16 as to whether or not that person might be actually 16 17 Mr. Schillizzi who is related to the Fury, right? 17 18 A. Yes. 18 19 Q. But you have never met his wife, so you don't 19 20 know whether or not some woman you have seen on a screen 20 21 might be his wife in fact, can you? 21 22 MS. AILIN: Objection; mischaracterizes the 22 23 wimess'testimony. Shedidnotsaythat 23 24 Mr. Schilliz es wife appears in the YouTube video. She 24 25 said that she found video on MySpace that showed 25 28 (Pages 212 to 215) Page 214 Mr. Schillizzi and his wife, so let's not confuse the two. MR. JAMIESON: I apologize. I apologize. My mistake. Q. So you didn't see any woman that purported to be Mr. Schillizd's wife on the video? A. Not that 1 know of. Q. Did the video that you downloaded and that is being proffered in this proceeding as Exhibit 19 depicts the time of day that it was taken? A. Just that it was at night. Q. When you say night, it appeared to you to be inside a building, right? A. I'm just referring to the portion that was filmed outside. It was dark outside, and the sign was a little — MS. AILIN: Go off the record. (Telephonic interruption.) THE HEARING OFFICER: Back on. Can we turn that phone off somehow? We don't need that interruption again. BY MR. JAMIESON: Q. Miss Parker, other than your observation of this video that it appears to be nighttime, you have no knowledge of what time during the evening or the night Page 215 it was apparently shot, do you? A. That's correct The only knowledge I have is from viewing the video. Q. And it doesn't say on the video — A. No, it does not. Q. -- either verbally or in writing what time it allegedly took place? A. No, it does not. THE HEARING OFFICER: Excuse me just a moment. I did not hear Miss Parker testify that she has viewed this video and, if so, how many times. Did she testify to that? MS. AI.IN: She testified that she has viewed the video. MR. JAMIESON: 1 thought she did. THE HEARING OFFICER: Lees proceed their. BY MR. JAMIESON: Q. Miss Parker, when you viewed this video, Exhibit 19, is it correct to say that there is nothing either orally stated or in writing as to what date it took place? A. There is no specific date identified in the video, no. Q. The four months that you referenced, that's a conclusion that you drew from your knowledge that Fury Precise Reporting Service 714 - 647 -9099 ,A� FURY REVOCATION HEARING - 4/15/2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 217 the video? MR. JAMIESON: Isn't it the basic foundation having to do with whether or not what is depicted in the video is indeed taking place at Fury during a relevant time period and what events are occurring? MS. AILIN: Wouldn't it make more sense to save that question for someone who actually has been inside Fury? We arejust wasting time here. MR. JAMIESON: Well, Miss — THE HEARING OFFICER: Tbat's my concern as well, that we — Kristi Parker does not even know if this is the inside of the Fury because she has never seen the inside of the Fury. MR. JAMIESON: I'm done, Your Honor. if you want to snake an objection -- ym sorry. If you want to rule on the objection and allow her to testify or not — THE HEARING OFFICER: Sustain the objection. MR. JAMtFSON: That's fine. I have nothing further for Miss Parker. REDIRECT EXAMINATION BY MS. AILIN: Q. Miss Parker, in the research you have done about Fury on the Internet, have you found information that says don't pay any attention to what's on the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 (Pages 216 to 219) Page 218 Social Group website about Fury, it's all bogus, it's all lies? A. No, I have not come across any information like that. Q. And have you found anything on the Internet that says don't pay any attention to information on the Ticket Triangle website about Fury, it's all bogus, it's all lies? A. No, I have not. Q. And in your research about Fury on the Internet, have you found anything on the Coast to Coast Tickets website that says — excuse me. Have you found anything that says that you should ignore what is on the Coast to Coast Tickets website about Fury it's all bogus, it's all lies? A. No, I have not. Q. Have you found anything on the Internet that would indicate to you that in fact the people who appear to be selling tickets for entry into Fury are not really selling tickets for entry into Fury? A. No, I have not. Q. When we took our break, did you look In your notes to see if you could pin down when you did your Internet research about Fury? A. Yes, l did. Page 219 Q. And what did you find? A. I found a printout from a Zvents page that 1 had initially printed out October 31, 2007. Q. And did that refresh your recollection about when you did your Internet research about Fury? A. Yes. Q. And when did you do your Internet research about Fury now that your recollection bas been refreshed? A. The first time I did the Internet research before the first hearing about October 31, 2007 as indicated on that page, and 1 did it again the first week of February. Q. In your research about Fury — strike that. In connection with your work as a paralegal in the city attorney's office, have you been exposed to Information from any source indicating that there is some kind of connection between the Social Group and Fury? A. Yes. MR. JAMIESON: Objection; vague and ambiguous, calls for speculation, calls for hearsay, lacks foundation, irrelevant. 352. THE HEARING OFFICER: Overruled. Precise Reporting Service 714- 647 -9099 1'�`i Page 216 1 opened up in July of 2007, and there's a date in your 1 2 notes that indicates this video was added to YouTube 2 3 December 12, 2007, correct? 3 4 MS. AILIN: Objection; mischaracterizes the 4 5 witness'testimony, cumulative. 5 6 BY MR. JAMIESON: 6 7 Q. How did you get to the four months? 7 8 A. The interviewer states to one of the operators 8 9 in the video that "So you have been open for four months 9 10 now." 10 11 Q. I see. Okay. Is it correct that from viewing 11 12 the video one cannot determine or you cannot see on the 12 13 video that it took place or appeared to depict things 13 14 that took place on any particular night of the week? 14 15 A. I could not tell what night of the week it 15 16 was, no. 16 17 Q. From viewing the video, is it correct that you I 17 18 could not tell if there is any live entertainment taking 18 19 place at the moment that the video was being filmed? 19 20 MS. AILIN: Objection; relevance. 20 21 THE HEARING OFFICER: Would you repeat the 21 22 question? 22 23 MS. AILIN: We are talking about authenticating the 23 24 video. How is whether or not the video shows live 24 25 entertainment taking place relevant to authenticating 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 217 the video? MR. JAMIESON: Isn't it the basic foundation having to do with whether or not what is depicted in the video is indeed taking place at Fury during a relevant time period and what events are occurring? MS. AILIN: Wouldn't it make more sense to save that question for someone who actually has been inside Fury? We arejust wasting time here. MR. JAMIESON: Well, Miss — THE HEARING OFFICER: Tbat's my concern as well, that we — Kristi Parker does not even know if this is the inside of the Fury because she has never seen the inside of the Fury. MR. JAMIESON: I'm done, Your Honor. if you want to snake an objection -- ym sorry. If you want to rule on the objection and allow her to testify or not — THE HEARING OFFICER: Sustain the objection. MR. JAMtFSON: That's fine. I have nothing further for Miss Parker. REDIRECT EXAMINATION BY MS. AILIN: Q. Miss Parker, in the research you have done about Fury on the Internet, have you found information that says don't pay any attention to what's on the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 (Pages 216 to 219) Page 218 Social Group website about Fury, it's all bogus, it's all lies? A. No, I have not come across any information like that. Q. And have you found anything on the Internet that says don't pay any attention to information on the Ticket Triangle website about Fury, it's all bogus, it's all lies? A. No, I have not. Q. And in your research about Fury on the Internet, have you found anything on the Coast to Coast Tickets website that says — excuse me. Have you found anything that says that you should ignore what is on the Coast to Coast Tickets website about Fury it's all bogus, it's all lies? A. No, I have not. Q. Have you found anything on the Internet that would indicate to you that in fact the people who appear to be selling tickets for entry into Fury are not really selling tickets for entry into Fury? A. No, I have not. Q. When we took our break, did you look In your notes to see if you could pin down when you did your Internet research about Fury? A. Yes, l did. Page 219 Q. And what did you find? A. I found a printout from a Zvents page that 1 had initially printed out October 31, 2007. Q. And did that refresh your recollection about when you did your Internet research about Fury? A. Yes. Q. And when did you do your Internet research about Fury now that your recollection bas been refreshed? A. The first time I did the Internet research before the first hearing about October 31, 2007 as indicated on that page, and 1 did it again the first week of February. Q. In your research about Fury — strike that. In connection with your work as a paralegal in the city attorney's office, have you been exposed to Information from any source indicating that there is some kind of connection between the Social Group and Fury? A. Yes. MR. JAMIESON: Objection; vague and ambiguous, calls for speculation, calls for hearsay, lacks foundation, irrelevant. 352. THE HEARING OFFICER: Overruled. Precise Reporting Service 714- 647 -9099 1'�`i FURY REVOCATION HEARING - 4/15/2008 3U kraye6 L6U LU 66J/ Page 222 physical arrangements -- we can go off the record now. MS. AILIN: Sure. (Discussion ensued off the record.) THE HEARING OFFICER: Are we ready`! MS. AILtN: I guess I will just charge ahead here. Could we have the court reporter swear the witness. DOUGLAS WILLIAM JONES, having been first duly administered an oath in accordance with CCP 2094, was examined and testified as follows: EXAMINATION BY MS. AILIN: Q. Good afternoon. Would you please state and spell your name for the record. A. Douglas William Jones, J- o- n -e-s. Q. And, Mr. Jones, how are you employed? A. I'm employed by the City of Newport Beach Police Department. Q. How long have you been a police officer for the City of Newport Beach? A. Approximately 17 and one half years. Q. Is there a particular division or assignment that you have currently? Page 223 A. Yes. Q. And what is that assignment? A. I'm working in the detective bureau as a vice and intelligence investigator. Q. Have you been involved in an investigation of issues surrounding whether Fury Rok and Rol Sushi is complying with the terms of its use permit? A. Yes. Q. What has been the nature of your involvement? A. My Involvement was working vice once we received some concerns whether or not they are complying with their use permit was to investigate those allegations. Q. And can you describe for us generally how you went about investigating those allegations? A. We reviewed police reports that come in, and we went out and conducted some surveillances of the business. Q. Officer Jones, there is a binder here on the table that has some documents in it that have been pre - identified as documents that would be of use as exhibits in this case. Would you please turn to tab 27 in that binder. A Okay. Q. And in particular I'd like to ask you to look Precise Reporting Service 714 - 647 -9099 I,56 Page 220 1 BY MS. AILIN: 1 2 Q. What did you find that makes that connection 2 3 between Fury and the Social Group? 3 4 A. 1 have found the Social Group's logo and name 4 5 on numerous fliers for events at Fury m well as 5 6 Matthew Maddock, one of the Social Group promoters as he 6 7 Identified himself, interviewed on the video from 7 8 YouTube and various information from MySpace websites, 8 9 from Social Group and Fury and other, quote, friends 9 10 that are listed on their pages has led me to other 10 11 websites, but— 11 12 MR JAMIESON: Same objection; move to stake. 12 13 THE HEARING OFFICER: Overruled. 13 14 BY MS. AILIN: 14 15 Q. And in your work as a paralegal in the city 15 16 attorney's office, have you obtained or seen any 16 17 information from Fury denying that there is a 17 18 relationship between Fury and Social Group? 18 19 A. No, I have not. 19 20 MS. AKIN: I have no further questions. 20 21 THE HEARING OFFICER: May I ask one question. What 21 22 personal knowledge did you have about what a Social 22 23 Group event consists of I'm asking your personal 23 24 knowledge, not— 24 25 THE WITNESS: I dual have personal knowledge. 25 Page 221 1 This is all from articles, web pages. 1 2 THE HEARING OFFICER: For purpose of clarification, 2 3 you said that you have met Mr. Brian Schillizzi five or 3 4 six times? 4 5 THE WITNESS: Yes. 5 6 THE HEARING OFFICER: Did you — when you viewed j 6 7 this video, had you previously met Mr. Schillizzi so 7 8 that you -- a 9 THE WITNESS: Yes. 9 10 THE HEARING OFFICER: — so that you did recognize 10 11 him on the video as being that individual? 11 12 THE WITNESS: Yes. And he identified hhnse . 12 13 THE HEARING OFFICER: Okay. Nothing further. 13 14 MR. JAMIESON: I thinkjust one question, if I 14 15 may. It tray be evident, but -- actually I'm going to ! 15 16 withdraw. I m done. In the interest of brevity and 16 17 time. 17 18 THE HEARING OFFICER: Outstanding. So may we agree 18 19 to reconvene at 1:30 or 125? 19 20 MS. AII.IN: Yes. I think at that point most likely 20 21 we will be in the conference room because the officers 21 22 who will be the next witnesses are the under- -- some of 22 23 the undercover officers who have requested that their 23 24 appearance not be made public. 24 25 THE HEARING OFFICER: How are we going to make the 25 3U kraye6 L6U LU 66J/ Page 222 physical arrangements -- we can go off the record now. MS. AILIN: Sure. (Discussion ensued off the record.) THE HEARING OFFICER: Are we ready`! MS. AILtN: I guess I will just charge ahead here. Could we have the court reporter swear the witness. DOUGLAS WILLIAM JONES, having been first duly administered an oath in accordance with CCP 2094, was examined and testified as follows: EXAMINATION BY MS. AILIN: Q. Good afternoon. Would you please state and spell your name for the record. A. Douglas William Jones, J- o- n -e-s. Q. And, Mr. Jones, how are you employed? A. I'm employed by the City of Newport Beach Police Department. Q. How long have you been a police officer for the City of Newport Beach? A. Approximately 17 and one half years. Q. Is there a particular division or assignment that you have currently? Page 223 A. Yes. Q. And what is that assignment? A. I'm working in the detective bureau as a vice and intelligence investigator. Q. Have you been involved in an investigation of issues surrounding whether Fury Rok and Rol Sushi is complying with the terms of its use permit? A. Yes. Q. What has been the nature of your involvement? A. My Involvement was working vice once we received some concerns whether or not they are complying with their use permit was to investigate those allegations. Q. And can you describe for us generally how you went about investigating those allegations? A. We reviewed police reports that come in, and we went out and conducted some surveillances of the business. Q. Officer Jones, there is a binder here on the table that has some documents in it that have been pre - identified as documents that would be of use as exhibits in this case. Would you please turn to tab 27 in that binder. A Okay. Q. And in particular I'd like to ask you to look Precise Reporting Service 714 - 647 -9099 I,56 FURY REVOCATION HEARING - 4/15/2008 31 (Pages 224 to 227) Precise Reporting Service 714- 647 -9099 ,,3 Page 2241 Page 226 1 at the first four pages of the document behind tab 27. j 1 2nd, and the report he said was prepared on November 6. 2 Have you seen those pages before? 2 Four days later is not at or near the time of the event; 3 A. Yes. 3 and therefore, it doesn't provide the requisite basis, 4 Q. And can you describe to us what those pages 4 and we would object on that basis. 1280 does not save 5 are. j 5 this report from being not achnissible, and we object on 6 A. These are pages regarding employee's report on 1 6 foundation, hearsay, speculation, lack of relevance. 7 the first night that we conducted surveillance and doing 7 THE HEARING OFFICER: Overruled. 8 observation. 8 MS. AILIN: it's just —1 understand 9 Q. And this is a report that you prepared? 9 Mr. Jamieson's objection, and 1 can ask some additional 10 A. Yes. 10 questions. I happen to agree with the hearing officer 11 Q. Was it prepared in the course and scope of 11 that four days is soon enough, but let me ask a few 12 your duties as a police officer? 12 additional questions. 13 A. Yes. 13 Q. Detective Jones, did you take notes of your 14 Q. Was it prepared near the time of the events 14 observations while you were at the scene? 15 described in the report? 15 A. Yes. 16 MR. JAMIESON: Objection; vague and ambiguous as to 16 Q. And did you preserve those notes for a period 17 "near." 17 of time? 18 BY MS. AILIN: ! 18 A. Yes. 19 i Q. Well, when did the events occur that are ! 19 Q. Did you use those notes in preparing the 20 described in this report? 20 report contained in Exhibit 27? 21 A. On the 2nd of November. 21 A. Yes. 22 Q. And when was the report prepared? 22 Q. So let's move on to Exhibit 28. 23 A. On the 6th of November. 23 MR. JAMIESON: By the way, for the record, let me 24 Q. And is this report based on your observation i 24 just restate the objection on the same bases and 25 of certain events that occurred outside Fury? 25 grounds, and 1 don't think the additional testimony Page 2251 Page 227 1 A. Yes. b4099T 1 helped at all. 2 MS. AII.IN: And I don't know whether the hearing 2 BY MS. AILIN: 3 officer wants to hear some sort of narrative from the 3 Q. Detective Jones, looking at Exhibit 28 and in 4 officers. My intention was to authenticate the reports 4 particular -- 5 and elicit the testimony necessary under Evidence Code 5 MR. JAMIESON: Excuse me. I think I need a ruling. 6 section 1280, but if the hearing officer is interested 6 THE HEARING OFFICER: Overruled -- yeah, overruled 7 in more narrative testimony, we can do that or I can 7 on that. 8 just procced for the next report. 8 MR. JAMIESON: Thank you. 9 THE 1- BARING OFFICER: My preference is that the 9 BY MS. AILIN: 10 report speaks for itself as long as he authenticates it 10 Q. Detective Jones, please take a look at the 11 and said he wrote the report, then thafs fine with me. 11 first five pages of Exhibit 28. Have you seen those 12 MS. All-IN: Okay. 12 pages before? 13 THE HEARING OFFICER: And from there you can do as 13 A. Yes. 14 little as you want, and Mr. Jamieson can then examine 14 Q. And is this a report prepared by you regarding 15 him. i5 observations at Fury? 16 MR. JAMIESON: I have an objection that I need to 16 A. Yes. 17 put on the record that the statements and testimony of 17 Q. And what was the date that the events 18 Mr. Jones have not provided the requisite base for 18 subscribed in the report occurred? 19 Evidence Code 1280. 1280 requires that an official 19 A. It occurred on the 9th of November. 20 report be done at or near the time of the event depicted 20 Q. And when was the report prepared? 21 in the document, and Mr. Jones -- I'm sorry. Is it 21 A. The employee's report was prepared on the 12th 22 Detective Jones or Mr. Jones or what? 22 of November. 23 THE WI'T'NESS: Detective. 23 MR. JAMIESON: Pm sorry. I'm lost. What exhibit 24 MR. JAMIESON: Detective Jones has testified that 24 are we on? 25 i the events he said he observed took place on November 25 MS. A71JN: This is Exhibit 28. Precise Reporting Service 714- 647 -9099 ,,3 FURY REVOCATION HEARING - 4/15/2008 32 (Pages 228 to 231) Page 230 MR, JAMIESON: I understand the reason. I just want to make sure rm clear, and on Exhibit 29 you have indicated the first three pages, and that's the only part that you are having Detective Jones talk about? MS. AILJ: That's correct. MR. JAMIESON: Thank you. BY MS. AILIN: Q. Detective Jones, did you prepare the first three pages of Exhibit 29? A. Yes. Q. And did you prepare that report in the course and scope of your duties as a police officer? A. Yes. Q. When did the events described in the first three pages of Exhibit 29 occur? A. On the 25th — or January 25th. Q. And what is the date that this report was prepared? A. January 29th. Q. Did you take notes of the events that occurred on the 25th as you were observing them? A. Yes. Q. Did you use those notes in the preparation of this report? A. Yes. Page 231 MS. AILIN: Move to have the first three pages of Exhibit 29 admitted into evidence. MR. JAMIESON: Objection on the same or similar basis, that Evidence Code section 1280 does not save this from being nonadmissible. It is hearsay, remains hearsay, lacks foundation, calls for speculation, is irrelevant. THE HEARING OFFICER: Overruled, and they can be admitted. (Cityrs Exhibits 27 and 28 were marked into evidence and are bound separately.) BY MS. AILIN: Q. Detective Jones, I would like to turn your attention to Exhibit 31 and in particular the first four pages of Exhibit 31. Is this a report that you prepared regarding observations outside Fury? A Yes. Q. And when were the events that are described in this report, when did those events occur? A. January 31st of this year. Q. Are you sure that's the date of the events and not the date and time reported? A. The date of the event, what I understood, was on January 31st. Precise Reporting Service 714- 647 -9099 .,3), Page 228 1 MR. JAMIESON: 28, got it. 1 2 BY MS. AILIN: 2 3 Q. Did you take notes of what you observed when 3 4 you were at the scene on November 9th? 4 5 A. Yes. 5 6 Q. Did you use those notes in preparing the 6 7 report that we have identified as being the first five 7 8 pages of Exhibit 28? 8 9 A. Yes. 9 10 Q. And are you the one who prepared the first 10 11 five pages of Exhibit 28? 11 12 A. Yes. 12 13 Q. Was that report prepared in the course and 13 14 scope as your duties as a police officer? 14 15 A. Yes. 15 16 Q. And is your report based on your observations 16 17 of events outside Fury on November 9th? 17 18 A. Yes. 18 19 Q. I'm going to move onto Exhibit 29, and I'm 19 20 assuming that Mr. Jamieson has an objection. 20 21 MR. JAMIESON: I haven't heard -- t assume you are 21 22 requesting to move that into evidence? 22 23 MS. AILIN: As well as Exhibit 27, yes. 23 24 MR. JAMIESON: And my objection is as stated 24 25 previously, Evidence Code section 1280 does not save 25 32 (Pages 228 to 231) Page 230 MR, JAMIESON: I understand the reason. I just want to make sure rm clear, and on Exhibit 29 you have indicated the first three pages, and that's the only part that you are having Detective Jones talk about? MS. AILJ: That's correct. MR. JAMIESON: Thank you. BY MS. AILIN: Q. Detective Jones, did you prepare the first three pages of Exhibit 29? A. Yes. Q. And did you prepare that report in the course and scope of your duties as a police officer? A. Yes. Q. When did the events described in the first three pages of Exhibit 29 occur? A. On the 25th — or January 25th. Q. And what is the date that this report was prepared? A. January 29th. Q. Did you take notes of the events that occurred on the 25th as you were observing them? A. Yes. Q. Did you use those notes in the preparation of this report? A. Yes. Page 231 MS. AILIN: Move to have the first three pages of Exhibit 29 admitted into evidence. MR. JAMIESON: Objection on the same or similar basis, that Evidence Code section 1280 does not save this from being nonadmissible. It is hearsay, remains hearsay, lacks foundation, calls for speculation, is irrelevant. THE HEARING OFFICER: Overruled, and they can be admitted. (Cityrs Exhibits 27 and 28 were marked into evidence and are bound separately.) BY MS. AILIN: Q. Detective Jones, I would like to turn your attention to Exhibit 31 and in particular the first four pages of Exhibit 31. Is this a report that you prepared regarding observations outside Fury? A Yes. Q. And when were the events that are described in this report, when did those events occur? A. January 31st of this year. Q. Are you sure that's the date of the events and not the date and time reported? A. The date of the event, what I understood, was on January 31st. Precise Reporting Service 714- 647 -9099 .,3), Page 2291 1 this document from being nonadmissible. It's hearsay. 1 2 It's speculative. Ifs irrelevant. It's a 352 2 3 objection as well, but primarily since I understand the 3 4 city is attempting to utilize Evidence Code 1280, it 4 5 doesn't meet the foundational requirements of 1280, and 5 6 it lacks foundation. 6 7 THE HEARING OFFICER: And your position is the 7 8 same, I take it? 8 9 MS. AILIN: My position is the same. We have met 9 10 the requirements of Evidence Code section, which means 10 11 it's not hearsay. 11 12 THE HEARING OFFICER: Overruled. 12 13 BY MS. AILIN: 13 14 Q. Moving onto Exhibit 29 and in particular the 14 15 first three pages of Exhibit 29, Detective Jones, have 15 16 you seen those pages before? 16 17 MR. JAMIESON: Counsel, just so I'm clear, on + 17 18 Exhibit 27 and Exhibit 28 you referenced respectively ! 18 19 four pages -- the first four pages of Exhibit 27 -- 19 20 MS. AILIN: That's correct. 20 21 MR. JAMIESON: -- and the first five pages of 21 22 Exhibit 28 and nothing else in those exhibits? 22 23 MS. AILIN: That's correct, because that's the only 23 24 part of the exhibit that was prepared by 24 25 Detective Jones. 25 32 (Pages 228 to 231) Page 230 MR, JAMIESON: I understand the reason. I just want to make sure rm clear, and on Exhibit 29 you have indicated the first three pages, and that's the only part that you are having Detective Jones talk about? MS. AILJ: That's correct. MR. JAMIESON: Thank you. BY MS. AILIN: Q. Detective Jones, did you prepare the first three pages of Exhibit 29? A. Yes. Q. And did you prepare that report in the course and scope of your duties as a police officer? A. Yes. Q. When did the events described in the first three pages of Exhibit 29 occur? A. On the 25th — or January 25th. Q. And what is the date that this report was prepared? A. January 29th. Q. Did you take notes of the events that occurred on the 25th as you were observing them? A. Yes. Q. Did you use those notes in the preparation of this report? A. Yes. Page 231 MS. AILIN: Move to have the first three pages of Exhibit 29 admitted into evidence. MR. JAMIESON: Objection on the same or similar basis, that Evidence Code section 1280 does not save this from being nonadmissible. It is hearsay, remains hearsay, lacks foundation, calls for speculation, is irrelevant. THE HEARING OFFICER: Overruled, and they can be admitted. (Cityrs Exhibits 27 and 28 were marked into evidence and are bound separately.) BY MS. AILIN: Q. Detective Jones, I would like to turn your attention to Exhibit 31 and in particular the first four pages of Exhibit 31. Is this a report that you prepared regarding observations outside Fury? A Yes. Q. And when were the events that are described in this report, when did those events occur? A. January 31st of this year. Q. Are you sure that's the date of the events and not the date and time reported? A. The date of the event, what I understood, was on January 31st. Precise Reporting Service 714- 647 -9099 .,3), FURY REVOCATION HEARING - 4/15/2008 33 (Pages 232 to 235) Page 234 Ink of relevancy, lack of foundation, and Evidence Code section 1280 does not save this document from being inadmissible. The foundational requirements of section 1280 have not been satisfied. THE HEARING OFFICER: Overruled. I will admit it. (City's Exhibits 32 was marked into evidence and is bound separately) MS. AUN: That is the last of the police reports that Detective Jones authored, so I would turn the witness over to Mr. Jamieson for cross - examination. CROSS - EXAMINATION BY MR, JAMIESON: Q. Detective Jones, at the beginning of your testimony today you indicated that the reason for the initiation of your investigation was as a result of some type of allegation or complaint; is that right? A. Yes. MS. AILIN: Objection; I -- mischaracterizes the witness' testimony, but go ahead. MR. JAMIESON: Any time I mischaracterize something you think that was said, you let me know, but rm just telling you what I heard. Q. So what initiated your involvement in this Page 235 investigation is that somebody asked you to do something, fair? A. Yes. Q. Who asked you initially to begin the investigation? A. That would be my supervisor. Q. And who was that? A. Sergeant Ron Vallercamp. Q. What did Sergeant Ron Vallercamp tell you and what did he tell about the Fury location at that time? A. I don't remember the exact date. He had mentioned some reports we had been receiving from patrol officers that work the area, arrest reports from complaints and that there was quite a bit of activity being generated from this one location, that due to my current assignment, 1 needed to look into it and see what was going there. Q. Did you ever review any of the documents prior to going out on November 2nd of 2007? MS. AILIN: Objection; what document? BY MR. JAMIESON: Q. The document you just referenced. A. Yes. Q. How soon before November 2nd, 2007 did you review any documents in preparation for your Precise Reporting Service 714- 647 -9099 1'33 Page 232 1 Q. All right. And when was the report prepared'. 1 2 A. February 4th. 2 3 Q. Did you take notes at the time that the events 3 4 were occurring? 4 5 A. Yes. 5 6 Q. Did you use those notes in the preparation of 6 7 your report? 7 8 A. Yes. 8 9 Q. And is the report based on your observation of 9 10 the events described in the report? 10 11 A. Yes. 11 12 MS. AMIN: Move to have the first four pages of 12 13 Exhibit 31 admitted into evidence. 13 14 MR. JAMIESON: Same objections; hearsay, calls for 14 15 speculation, lacks foundation, irrelevant, and Evidence 15 16 Code section 1280 does not apply to save this from its 16 17 inadmissibility. The foundational elements of section 17 18 1280 have not been satisfied. 18 19 THE HEARING OFFICER: Overruled and the exhibit may 19 20 be admitted. 20 21 (City's Exhibit 31 was 21 22 marked into evidence and is 22 23 bound separately.) 23 24 BY MS. AIIJN: 24 25 Q. Detective Jones, I would like to turn your ----- -- - - -- -- 25 - - -.. Page 233 1 attention now to Exhibit 32 and in particular the first 1 2 four pages of Exhibit 32. Have you seen those pages 2 3 before? 3 4 A. Yes. 4 5 Q. And is this a report that you have prepared? 5 6 A. Yes. j 6 7 Q. Was it prepared in the course and scope of 7 8 your duties as a police officer? 8 9 A. Yes. 9 10 Q. When did the events that are described in this 10 11 report take place? 11 12 A. February 29th. 12 13 Q. And when was the report prepared? 13 14 A. March 3rd. 14 15 Q. Did you take notes of the events that occurred 15 16 on February 29th -- 16 17 A. Yes. 17 18 Q. — about the time they were occurring? 18 19 A. Yes. 19 20 Q. And did you use those notes in the preparation 20 21 of this report? 21 22 A. Yes. 22 23 MS. AILIN: Move to have the first four pages of 1 23 24 Exhibit 32 admitted into evidence. 1 24 25 MR. JAMIESON; Objection; hearsay, speculation, 25 33 (Pages 232 to 235) Page 234 Ink of relevancy, lack of foundation, and Evidence Code section 1280 does not save this document from being inadmissible. The foundational requirements of section 1280 have not been satisfied. THE HEARING OFFICER: Overruled. I will admit it. (City's Exhibits 32 was marked into evidence and is bound separately) MS. AUN: That is the last of the police reports that Detective Jones authored, so I would turn the witness over to Mr. Jamieson for cross - examination. CROSS - EXAMINATION BY MR, JAMIESON: Q. Detective Jones, at the beginning of your testimony today you indicated that the reason for the initiation of your investigation was as a result of some type of allegation or complaint; is that right? A. Yes. MS. AILIN: Objection; I -- mischaracterizes the witness' testimony, but go ahead. MR. JAMIESON: Any time I mischaracterize something you think that was said, you let me know, but rm just telling you what I heard. Q. So what initiated your involvement in this Page 235 investigation is that somebody asked you to do something, fair? A. Yes. Q. Who asked you initially to begin the investigation? A. That would be my supervisor. Q. And who was that? A. Sergeant Ron Vallercamp. Q. What did Sergeant Ron Vallercamp tell you and what did he tell about the Fury location at that time? A. I don't remember the exact date. He had mentioned some reports we had been receiving from patrol officers that work the area, arrest reports from complaints and that there was quite a bit of activity being generated from this one location, that due to my current assignment, 1 needed to look into it and see what was going there. Q. Did you ever review any of the documents prior to going out on November 2nd of 2007? MS. AILIN: Objection; what document? BY MR. JAMIESON: Q. The document you just referenced. A. Yes. Q. How soon before November 2nd, 2007 did you review any documents in preparation for your Precise Reporting Service 714- 647 -9099 1'33 FURY REVOCATION HEARING - 4/15/2008 Page 2371 1 Page 236', 1 1 investigation of Fury? 1 2 A. 1 get reports on a regular basis, all reports 2 3 that are taken — most reports that are taken at the 3 4 police department, and again, due to my current 4 5 assignment, I was privy to these reports, and so t was 5 6 — I don't know the exact date or time, but when a ! 6 7 location generates a lot of response or time from the 7 8 police department, l collect the reports, and then I 8 9 start looking at them. So at that time 1 was keeping 9 10 the reports, and all of a sudden when people from 10 11 outside like my boss or we are getting somebody from 11 12 patrol perhaps would come to us and say, you know what, 12 13 we are spending a lot time at this one location, and 13 14 then I will go back and look my file and we what kind 14 15 of reports were being generated. 15 16 Q. And in this case it was Sergeant Vallercamp 16 17 that asked you to take a took at it and do an 17 1e investigation; is that right? ! 18 19 A. Correct 19 20 Q. Did you have any requests from any member of 20 21 the public outside of the Newport Beach Police 21 22 Department to investigate this location? 22 23 A. 1 don't believe so. 23 24 Q. Did you have any complaint from any of the 24 25 neighbors of the Fury location? ! zs Page 2371 1 A. Not at that time. 1 2 Q. And in fact, the Fury location is actually in 2 3 a commercial area and not accessible directly to 3 4 MacArthur Boulevard; is that right? 4 5 A. Correct 5 6 Q. The Fury location sits on a parking lot that 6 7 includes two other uses for the same parking lot that 7 8 are restaurants of some sort, true? 8 9 A. Correct. 9 10 Q. And the entrance to that parking lot that is 10 11 shared by these two other uses is actually from — what 11 12 Is the name of that street? Is it Striker Way? 12 13 A. It's Dolphin Striker Way. 13 14 Q. And Dolphin Striker Way is actually a little 14 15 street off of a — or major street at least What is 15 16 the name of that street? 16 17 A. I have to look that up. 17 i8 Q. In any case, you can't get to Fury directly 18 19 from MacArthur, and you can't get from Fury directly to 1 19 20 MacArthur without going that roundabout way? 20 21 A. There are two ways, but they are both 21 22 roundabout. 22 23 Q. Now, had you, prior to November 2nd, 2007 ever 1 23 24 visited Fury itself? 24 25 A No. 25 34 IYCtyt. 6 6.10 LU L.J7J Page 238 Q. Your assignment for the Newport Beach Police Department in 2007 was in the vice detail; is that right? A. Yes. Q. And when did you first become assigned to the vice detail? A. Two and a half years ago. Q. So two and a half years ago would have been at this point around 2006? A. Correct. Q. So would it be fair to say that you were a member of the vice detail certainly from the spring/summer of 2007 until currently? A. Correct. Q. And you have not had any other assignments for the Newport Beach Police Department outside of that time period? A. Correct. Q. How many other people from the spring or summer of 2007, let's say June of 2007 until now, are generally part of the vice detail? MS. AB.NI: Objection; relevance. TILE HEARING OFFICER: Overruled. It's a straight question. THE WITNESS: Just the partner and myself that Page 239 specifically works vice and intell. BY MR. JAMIESON: Q. Vice and intell? A. Yes. Q. What does intell mean? A. Intelligence. Q. What does intelligence mean in the parlance of Newport Beach Police Department? A. Information. Q. In terms of intell and information, what kind of duties do you have, just basic general information? A. Things that will be of concern to the city. Like terrorism would be a good example on, you know, certain targets or information that there might be a terrorist attack or information leading to a school or something like that, that is information we would like to have, and we can see if we can get that provided. Q. And in your capacity as an intell officer, you would then disseminate that information to whatever other parts of Newport Beach Police Department or otherwise within the city might be necessary, fair? A. Yes. Q. Now, as far as the vice detail is concerned, you and your partner, what was the name of your partner during that time period? Precise Reporting Service 714 - 647 -9099 jz3 FURY REVOCATION HEARING - 4/15/2008 35 (Pages 240 to 243) Page 242 estimate, if you can. So do you have any estimate as to how many locations in the City of Newport Beach were serving alcohol presumed to have an on -sale license and were providing any Type of live entertainment during that time period? MS. AILIN: Objection; relevance. THE HEARING OFFICER: Asked and answered. 1 drink he already said he doesn't know and he can't estimate. MR. JAMIESON: Well, actually, Your Honor, he said that he didn't know overall for the number of vice -- strike that -- for the number of alcohol establisPonents. My current question right now is the number of alcohol establishments that provide live entertainment. I think that narrows it down substantially, and that's what I want to talk about because this is a live entertainment establishment. MS. AUN: Objection; relevance. We are here about revoking one specific establishments use permit We are not here to start comparing whether Fury is a bigger problem or smaller problem than some other establishment, which I believe this is the direction this is going to go. MR. JAMIESON: No, we are here to talk about revoking the conditional use permit of rights that are constitutionally protected for a multi- dollar business, Page 243 and I think we have a right to go into whether or not the two members of the vice department for the City of Newport Beach have other things that they do during that time and what drew their attention to this location and why this location tended to be important at that given time. Therefore, if there are other establishments that have live entertainment and he can estimate it, I think it's relevant, and this is cross- examination. THE HEARING OFFICER: Okay. MS. AILIN: Then ask him why this establishment, not how many others there are. MR. JAMIESON: I will ask my questions my way, and if you want to object to it and the hearing officer rules on it, 1 will abide by that ruling, but I will ask my questions my way. THE HEARING OFFICER: Overruled, but focus on this and then move forward. MR. JAMIESON: Thank you. Q. Do you remember the question? A. I do. No. Q. You don't have any estimate? A. No, sir. Q. Are you aware of any other locations that have live entertainment within the city of Newport Beach? A. Yes. Precise Reporting Service 714 - 647 -9099 x,35 Page 240 1 A. Dave Stark 1 2 Q. You and Dave Stark have comprised the entire 2 3 vice detail for the Newport Beach Police Department from 3 4 June of '07 until currently? 4 5 A. Correct. 5 6 Q. During that same time period has 6 7 Sergeant Vallemamp always been your supervisor? 7 e A. Yes. a 9 Q. And I gather that he is also — I am assuming 9 10 Sergeant Vallercamp is available? 10 II A. True. 11 12 Q. Is Sergeant Vallercamp also Detective Stark's 12 13 supervisor? 13 14 A. Yes. j 14 15 Q. In your capacity as a vice officer, would It 15 16 be fair to say that part of your duties is to check on 16 17 the various establishments within the City of Newport 17 18 Beach that are licensed by the Department of Alcohol and 18 19 Beverage Control to sell alcoholic beverages? 19 20 A. Yes. i 20 21 Q. And part of your duties as a vice oflcer is 1 21 22 you would check to see in these various establishments j 22 23 whether or not the licenses are being operated correctly 23 24 and whether or not they are serving obviously 24 25 intoxicated people or if they are serving minors or 25 35 (Pages 240 to 243) Page 242 estimate, if you can. So do you have any estimate as to how many locations in the City of Newport Beach were serving alcohol presumed to have an on -sale license and were providing any Type of live entertainment during that time period? MS. AILIN: Objection; relevance. THE HEARING OFFICER: Asked and answered. 1 drink he already said he doesn't know and he can't estimate. MR. JAMIESON: Well, actually, Your Honor, he said that he didn't know overall for the number of vice -- strike that -- for the number of alcohol establisPonents. My current question right now is the number of alcohol establishments that provide live entertainment. I think that narrows it down substantially, and that's what I want to talk about because this is a live entertainment establishment. MS. AUN: Objection; relevance. We are here about revoking one specific establishments use permit We are not here to start comparing whether Fury is a bigger problem or smaller problem than some other establishment, which I believe this is the direction this is going to go. MR. JAMIESON: No, we are here to talk about revoking the conditional use permit of rights that are constitutionally protected for a multi- dollar business, Page 243 and I think we have a right to go into whether or not the two members of the vice department for the City of Newport Beach have other things that they do during that time and what drew their attention to this location and why this location tended to be important at that given time. Therefore, if there are other establishments that have live entertainment and he can estimate it, I think it's relevant, and this is cross- examination. THE HEARING OFFICER: Okay. MS. AILIN: Then ask him why this establishment, not how many others there are. MR. JAMIESON: I will ask my questions my way, and if you want to object to it and the hearing officer rules on it, 1 will abide by that ruling, but I will ask my questions my way. THE HEARING OFFICER: Overruled, but focus on this and then move forward. MR. JAMIESON: Thank you. Q. Do you remember the question? A. I do. No. Q. You don't have any estimate? A. No, sir. Q. Are you aware of any other locations that have live entertainment within the city of Newport Beach? A. Yes. Precise Reporting Service 714 - 647 -9099 x,35 Page 241) 1 things of that sort, fair? 1 2 A. Correct. 2 3 Q. In the June 2007 to February 2008 time frame, 3 4 do you have any estimate as to the number of alcohol 4 5 establishments on sale — do you know what on sale 5 6 mans? 6 7 A. Uh -huh. 7 a Q. "Yes "? 8 9 A. Yes. We have to say it for the court 9 10 reporter. 10 11 Q. Do you have any understanding or estimate of 11 12 how many on sale alcohol establishments exist or existed I 12 13 during that time in the City of Newport Beach? 13 14 MS. AILIN: Objection; relevancy. 14 15 THE HEARING OFFICER: Overruled. You can answer..' 15 16 THE WITNESS: I don't have a figure. ! 16 17 BY MR. JAMIESON: 17 l8 Q. Do you have any estimate as to whether or not 18 19 it's more than 20? 19 20 A. I couldn't — I don't want to give a 20 21 misrepresentation of what it is. I know we have quite a 21 22 few, but as far as right now, that information can be 22 23 gained, but it would be inappropriate for me to give a i 23 24 number right now. 24 25 Q. I don't want you to guess. I want you to 25 35 (Pages 240 to 243) Page 242 estimate, if you can. So do you have any estimate as to how many locations in the City of Newport Beach were serving alcohol presumed to have an on -sale license and were providing any Type of live entertainment during that time period? MS. AILIN: Objection; relevance. THE HEARING OFFICER: Asked and answered. 1 drink he already said he doesn't know and he can't estimate. MR. JAMIESON: Well, actually, Your Honor, he said that he didn't know overall for the number of vice -- strike that -- for the number of alcohol establisPonents. My current question right now is the number of alcohol establishments that provide live entertainment. I think that narrows it down substantially, and that's what I want to talk about because this is a live entertainment establishment. MS. AUN: Objection; relevance. We are here about revoking one specific establishments use permit We are not here to start comparing whether Fury is a bigger problem or smaller problem than some other establishment, which I believe this is the direction this is going to go. MR. JAMIESON: No, we are here to talk about revoking the conditional use permit of rights that are constitutionally protected for a multi- dollar business, Page 243 and I think we have a right to go into whether or not the two members of the vice department for the City of Newport Beach have other things that they do during that time and what drew their attention to this location and why this location tended to be important at that given time. Therefore, if there are other establishments that have live entertainment and he can estimate it, I think it's relevant, and this is cross- examination. THE HEARING OFFICER: Okay. MS. AILIN: Then ask him why this establishment, not how many others there are. MR. JAMIESON: I will ask my questions my way, and if you want to object to it and the hearing officer rules on it, 1 will abide by that ruling, but I will ask my questions my way. THE HEARING OFFICER: Overruled, but focus on this and then move forward. MR. JAMIESON: Thank you. Q. Do you remember the question? A. I do. No. Q. You don't have any estimate? A. No, sir. Q. Are you aware of any other locations that have live entertainment within the city of Newport Beach? A. Yes. Precise Reporting Service 714 - 647 -9099 x,35 FURY REVOCATION HEARING - 4/15/2008 36 (Pages 244 to 247) Precise Reporting Service 714- 647 -9099 f '36 Page 244 Page 246 1 Q. Do you visit those other locations? 1 A. Okay. 2 A. Yes. 2 Q. We will move forward. 3 Q. And do you have a particular calendar or some 3 With respect to that particular day, November 4 period of time that you try and visit each of these 4 2nd, 2007, the time on the report shows 2100 hours, and 5 locations during the course of a year or season, month 5 if I'm correct that means what, nine o'clock? 6 or something? 6 A. Yes. 7 A. Yes. 7 Q. So did you go to Fury at any time on November 8 Q. And what is that? 8 2nd prior to 9:00 p.m.? 9 A. We try and gel out on a — if we can on a 9 A. That I don't recall. 10 monthly basis and go out to the establishment and view 10 Q. You are not aware, then, of whether or not 11 how they are conducting their business. 11 Fury was seating people or serving people for any meals, 12 Q. On a monthly basis you try and get to each of 12 lunch or dinner, at any time prior to nine o'clock p.m. 13 these establishments at least once; is that fair? 13 on November 2nd, 2007, true? 14 A. Yes. 14 A. Correct. 15 Q. So when you went for the first time to the 15 Q. Now, you are also not aware of anytime prior 16 Fury restaurant on November 2nd, 2007, you indicated you 16 to 9:00 p.m. on that day of how full or not so full Fury 17 had not been there at all before that, correct? 17 was, correct? 18 A. Correct. 18 A. Correct. 19 Q. So if Fury opened for business in, l think, 19 Q. And you are not aware of anything that 20 June of 2007, would it be fair to say, then, that you 20 occurred on November 2nd prior to 9:00 p.m. either in 21 didn't have any reason to draw your attention to Fury on 21 Fury or the parking lot of Fury that would have 22 a periodic basis or because of complaints for June, 22 otherwise drawn your attention? 23 July, August, September or October? 23 A. Correct. 24 A. No. 24 Q. An odd question, wasn't it? 25 Q. So you do have a recollection of visiting Fury 25 In any case, so on November 2nd when you went Page 245 Page 247., 1 for some purpose in those five months prior to November? 1 to Fury, you were with Detective Stark in a vehicle; is 2 MS. ARJN: I have a belated objection. We signed 2 that right? 3 a stipulation that said Fury opened in July. 3 A. We were each in a vehicle of our own. 4 MR. JAMIESON: My mistake. July. 4 Q. You had separate vehicles? 5 MS. AMIN: Thank you. 5 A. Correct. 6 BY MR. JAMIESON: 6 Q. You arrived by yourself, then? 7 Q. July, August, September, October, those four 7 A. Correct. 8 months, not rive, but during those four months you never 8 Q. Now, in your report it reflects various other 9 visited Fury either as part of your periodic review or 9 people, a Matt Graham and Eric Peterson, that also were 10 because of any complaints, true? 10 there at some point that night. Do you remember them 11 A. Correct. 11 being there? 12 Q. On November 2nd when you visited Fury, did you 12 A. Yes. 13 go to any other location? 13 Q. When you arrived on November 2nd m9:00, who 14 A. That day? 14 else was already present, if anybody? 15 Q. Yeah, and by the way, I'm not trying to yell 15 A. I do not know — I'm not sure where you're 16 at you. I'm just trying to say it loud enough so that 16 going. 17 the court reporter can hear. 17 Q. When you drove up at or about nine o'clock - 18 A. 1 didn't take it that way. 18 A. Right 19 That day, no. 19 Q. — was there any other Newport Beach Police 20 Q. On that — 20 Department officer present at the location already? 21 A There was a question that was never followed 21 A. Other than the two we have just mentioned, 22 up that I answered, but he — I don't know that it was 22 Eric. 23 understood. 23 Q. No, I'm just asking did you get there first? 24 Q. I may have forgotten it. I may have decided 24 Did somebody else get there first? 25 not to follow up on it. 25 A. We all kind of got thereabout the same time. Precise Reporting Service 714- 647 -9099 f '36 FURY REVOCATION HEARING - 4/15/2008 37 (Pages 248 to 251) 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 249 Q. So this Exhibit 6, the first page is a site plan that reflects what's identified here as Hamburger Mary's, but you understand that that is now and during the time of questioning was Fury, right? A. Correct MS. AILIN: Could I makc a suggestion, that we use one of the pages in Exhibit 7, which is actually the site plans for Fury,! The second page also shows the parking lot. MR. JAMIESON: Fair enough. Q. Directing your attention to Exhibit 7, which is a site plan that depicts the Fury business location along with the parking lot, MacArthur Avenue and then two other locations that reflect existing restaurants, one to the north, one to the east, and then Fury being at the south end of the parking lot; is that a fair description? A. Yes. Q. When you pulled up and you saw the 20 orange cones in the parking lot, where on this site plan would you identify where those cones were located? A. The directions we use for what — they were using for north, we were using west, so they were actually to the business south — based on the directions on this, south of this lot, which is not on Page 251 1 location of it? 2 A. Correct. 3 Q. Where on the diagram is Classic Q? 4 A. Classic Q is going to be on the north corner. 5 Q. And then Saagar would be, then, on the east 6 edge- 7 A. It would be the west. Am I looking at it 8 right? 9 Q. I'm sorry. You are right. I'm wrong. On the 10 west edge? 11 A. Correct. 12 Q. And then MacArthur then borders this whole 13 property on the east side? 14 A. Correct. 15 Q. Now, in your report you say that you 16 maintained observation of Fury Lounge - 17 THE HEARING OFFICER: Did you finish with the 18 cones? 19 MR JAMIESON: For now. 20 THE HEARING OFFICER: Okay. 21 MR JAMIESON: For now. For now. 22 Q. In your report you state that you maintained 23 observation of Fury Lounge from the south common 24 area about 60 feet from Fury Lounge? 25 A. Correct Precise Reporting Service 714 - 647 -9099 1 -3 1 Page 2481 Page 250 1 The two gentleman, Peterson — at that point it was 1 the diagram 2 Matt Graham They were there just prior to when we 2 Q. So if we are looking at this diagram and we 3 were. 3 take for true on this diagram that north is the 4 Q. So when you and Dave Stark showed up, Peterson 4 direction that is depicted -- 5 and Graham had already been there, true? 5 A. Okay. Yes. 6 A. Correct. 6 Q. -- where were the cones? South of the 7 Q. You don't know how long they had been there; 7 building? s is that true? 8 A. South. There is a whole business over here 9 A. Correct 9 (indicating), and it's at 4141 MacArthur, which is 10 Q. Where were Graham and Peterson when you drove 10 south, immediately south of this location. Then you can 11 up? 11 drive through this parking lot continuing south. We are 12 A. I'm not certain. 12 off of Newport Place. You can enter in, and there's a 13 Q. When you first drove up, your report reflects 13 Bank of America on the corner, so people can come up 14 that there were 20 cones protecting spaces. Do you 14 Newport Boulevard, go north through that parking lot is remember where at in the parking lot these 20 cones were 15 through the immediate business I was referring to and 16 located? 16 then get to the Fury parking lot 17 A. How — I don't know how — are you comparing 17 Q. I see. So people were parking at a location 18 just a big stall or in front of the business at 4141 18 other than in the parking lot in front of Fury? 19 MacArthur, which is just a business east of Fury? 19 A. Correct. 20 Q. So let's take a look. I think in the City's 20 Q. I see. Okay. Now, in your report of November 21 exhibit under — I want to stay Exhibit 6, if you can 21 2nd, you also identify that the common parking area 22 open that book up to Exhibit 6 in front of you, and then 22 which accommodates Fury Lounge, Classic Q and Saagar 23 unfold the site plan. Do you have that in front of you, 23 Restaurant were full, and I gather and I want you to 24 sir? 24 testify so you know for sure that Classic Q and Saagar 25 A. Yes. 25 are depicted on the site plan as well, at least the 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 249 Q. So this Exhibit 6, the first page is a site plan that reflects what's identified here as Hamburger Mary's, but you understand that that is now and during the time of questioning was Fury, right? A. Correct MS. AILIN: Could I makc a suggestion, that we use one of the pages in Exhibit 7, which is actually the site plans for Fury,! The second page also shows the parking lot. MR. JAMIESON: Fair enough. Q. Directing your attention to Exhibit 7, which is a site plan that depicts the Fury business location along with the parking lot, MacArthur Avenue and then two other locations that reflect existing restaurants, one to the north, one to the east, and then Fury being at the south end of the parking lot; is that a fair description? A. Yes. Q. When you pulled up and you saw the 20 orange cones in the parking lot, where on this site plan would you identify where those cones were located? A. The directions we use for what — they were using for north, we were using west, so they were actually to the business south — based on the directions on this, south of this lot, which is not on Page 251 1 location of it? 2 A. Correct. 3 Q. Where on the diagram is Classic Q? 4 A. Classic Q is going to be on the north corner. 5 Q. And then Saagar would be, then, on the east 6 edge- 7 A. It would be the west. Am I looking at it 8 right? 9 Q. I'm sorry. You are right. I'm wrong. On the 10 west edge? 11 A. Correct. 12 Q. And then MacArthur then borders this whole 13 property on the east side? 14 A. Correct. 15 Q. Now, in your report you say that you 16 maintained observation of Fury Lounge - 17 THE HEARING OFFICER: Did you finish with the 18 cones? 19 MR JAMIESON: For now. 20 THE HEARING OFFICER: Okay. 21 MR JAMIESON: For now. For now. 22 Q. In your report you state that you maintained 23 observation of Fury Lounge from the south common 24 area about 60 feet from Fury Lounge? 25 A. Correct Precise Reporting Service 714 - 647 -9099 1 -3 1 FURY REVOCATION HEARING - 4/15/2008 38 (Pages 252 to 255) Page 254 A. Correct. THE DARING OFFICER: Are those all the reports -- is yew answerjust now for all of these reports? THE WITNESS: Correct. BY MR. JAMIESON: Q. So directing your attention back into November 2nd, 2007, in your report you indicate that you maintained observation from the south common parking area. Based on your statement a few minutes ago, what I would take that to mean would be that you were observing what occurred from that area that was the parking lot depicted to the south of the building; is that true? A. No. Based on these different directions, it changes, so when 1 say south, that will mean west. THE HEARING OFFICER: So you focus in on where you want to go with this — MR. JAMIESON: Sure. THE HEARING OFFICER: -- where you're headed? MR. JAMIESON: Sure. THE HEARING OFFICER: -- with this line? MR. JAMIESON: Sure. I want to point out what he observed, where he observed it from, and I don't understand that from the report, nor do I — Page 255 THE HEARING OFFICER: Let him show us -- MIL JAMIESON: Okay. THE HEARING OFFICER: -- so we can keep it moving. MR. JAMIESON: Sue. Q. Take a look at Exhibit No. 7, second page, looking at the diagram there. Where on that page were you maintaining your observation from? A. Near the Saagar restaurant on the west end of the lot Q. And near what part of the Saagar restaurant? A. It would be near the south side part facing east, which will be facing toward the Fury restaurant Q. In one of those six spaces there? A. There are a whole bunch of spaces that were available. I don't remember exactly — Q. Point out — A. These are all spaces here, all spaces available (indicating). I was over in this general area around there. Q. All right So you were actually — MS. AB.IN: For the record, the witness -- for the record, the witness is pointing to puking spaces that appear on the page -- page 2 of 4 in Exhibit 7 just below some spaces that are marked with the letters HC for handicapped. Precise Reporting Service 714 - 647 -9099 Page 252; 1 Q. Did you remember doing that? 1 2 A. 1 do. 2 3 Q. By the way, the notes that Miss Ailin asked 3 4 about you having taken so that you could utilize those 4 5 in preparation of these various reports, did you keep 5 6 those notes? Do you still have them? 6 7 A. No. 7 8 Q. When did you destroy or otherwise get rid of e 9 those notes? 9 10 A. After I completed the report that we are 10 11 looking at today. i 11 12 Q. So for any of the exhibit you were asked about 12 13 on direct testimony, you got rid of the notes that you 13 14 had taken immediately after the report was prepared on 14 15 whatever date that was prepared; is that right? 15 16 A. Correct. 16 17 Q. And immediately after would be what? The next 17 18 day or by the next day they were gone? 18 19 A. I would say within a couple hours. 19 20 Q. Okay. You brought with you here today some 20 21 documents; is that right? 21 22 A. Correct. 22 23 Q. The documents you brought here today consist 23 24 of what? 24 25 A. The documents I have are all the reports that 25 Page 253 1 we have just talked about, and I highlighted a couple of 1 2 things, dates and times. The front page that I have are 2 3 some notes I took of these documents. I took these 3 4 before, and all it does is it generalizes what happened 1 4 5 on each particular day, and this information is just 5 6 extrapolating information from individual people. 6 7 Q. May I take a look at that, please? 7 8 A. Certainly. 8 9 MR. JAMIESON: Let the record reflect that the 9 10 witness has handed me two yellow pieces of paper, eight 10 11 and a half by I I with handwriting on them. 11 12 Q. Detective, is this entirely in your 12 13 handwriting, both sheets? 13 14 I'm going to hand them back to the witness. 14 15 Also, Detective Jones, in the report that you 15 16 brought with you I noticed that you highlighted some 16 17 information as you indicated you did. Is there also any 1 17 18 handwriting of any type or any other alteration, if you 18 19 will, of the reports that you brought with you? ! 19 20 A. The alterations that I have is what you 20 21 indicated was the highlighting, and the only other 21 22 alteration I think was on this report instead of 22 23 highlighting I underlined two sentences or two groups of 23 24 words, and that's all I had done. 24 25 Q. Nothing on the back of those? 25 38 (Pages 252 to 255) Page 254 A. Correct. THE DARING OFFICER: Are those all the reports -- is yew answerjust now for all of these reports? THE WITNESS: Correct. BY MR. JAMIESON: Q. So directing your attention back into November 2nd, 2007, in your report you indicate that you maintained observation from the south common parking area. Based on your statement a few minutes ago, what I would take that to mean would be that you were observing what occurred from that area that was the parking lot depicted to the south of the building; is that true? A. No. Based on these different directions, it changes, so when 1 say south, that will mean west. THE HEARING OFFICER: So you focus in on where you want to go with this — MR. JAMIESON: Sure. THE HEARING OFFICER: -- where you're headed? MR. JAMIESON: Sure. THE HEARING OFFICER: -- with this line? MR. JAMIESON: Sure. I want to point out what he observed, where he observed it from, and I don't understand that from the report, nor do I — Page 255 THE HEARING OFFICER: Let him show us -- MIL JAMIESON: Okay. THE HEARING OFFICER: -- so we can keep it moving. MR. JAMIESON: Sue. Q. Take a look at Exhibit No. 7, second page, looking at the diagram there. Where on that page were you maintaining your observation from? A. Near the Saagar restaurant on the west end of the lot Q. And near what part of the Saagar restaurant? A. It would be near the south side part facing east, which will be facing toward the Fury restaurant Q. In one of those six spaces there? A. There are a whole bunch of spaces that were available. I don't remember exactly — Q. Point out — A. These are all spaces here, all spaces available (indicating). I was over in this general area around there. Q. All right So you were actually — MS. AB.IN: For the record, the witness -- for the record, the witness is pointing to puking spaces that appear on the page -- page 2 of 4 in Exhibit 7 just below some spaces that are marked with the letters HC for handicapped. Precise Reporting Service 714 - 647 -9099 FURY REVOCATION HEARING - 4/15/2008 Page 256 1 BY MR, JAMIESON: 1 2 Q. Is that correct? 2 3 A. Yes. 3 4 Q. Did you, Detective Jones, during the course 4 5 of the evening — strike that. 5 6 Now long did you maintain that position? 6 7 A. I was parked there — Pra pretty sure 1 was 7 8 parked there the whole night. I may have gotten out and 8 9 walked around a couple times, but my vehicle stayed 9 10 there. 10 11 Q. Do you remember at any time getting out and 11 12 walking? 12 13 A. Around you know what, there have been a couple ! 13 14 of nights — I did not walk around each night, but 14 15 sometimes I did, and I honestly don't remember which 15 16 night I did and didn't. 16 17 Q. And you left that night at about what time? 17 18 A. 1'd have to check. I think it was around 18 19 1:00, 2:00 in the morning, something like that. 19 20 Q. Now, the plant here that was immediately in 20 21 front of your car as depicted in the diagram, does that 21 22 contain shrubbery? 22 23 A. Yes. 23 24 Q. Was that shrubbery any higher than your car? 24 25 A. No. 25 - ----- - __� - -f Page 257 1 Q. Was Saagar restaurant open for business that 1 2 night? 2 3 A At the beginning of the night, I believe they 3 4 were. 4 5 Q. And was Classic Q open for business that 5 6 night? 6 7 A. Yes. 7 8 Q. Did Classic Q offer any music or entertainment a 9 that night, to your understanding? 9 10 A. Not that I understood or could hear. 10 11 Q. Both Classic Q and 5aagar held alcoholic 11 12 beverage licenses for on sale consumption, correct? 12 13 A. You know, I don't know about Saagar. I assume 13 14 they did, and I know Classic Q does. 14 ! 15 Q. When you completed this particular report, 15 16 Exhibit 27, did you circulate it to any of 16 17 Detectives Graham, Peterson or Stark before you signed 17 18 it and submitted it up to your supervisor? 18 19 A. No. 19 20 Q. There is a reference on page 2 of your report, 20 21 November 2nd about someone carrying a red plastic cup 21 22 about 9:44 p.m. Do you we that." 22 23 A. Yes. 23 24 Q. Do you remember that incident? 24 25 A. Yes. 25 39 (Pages 256 to 259) Page 258 Q. And did you observe where this particular person came from before you heard him saying "Chug it "? A. When they first drew my attention to them, they are walling, and I'm using, of course, the directions on, I believe — MS. AIIJN: Exhibit 7. THE WITNESS: Exhibit 7. They were walling south through the puking lot on the -- I can't describe the parking lot -- on the -- directly in front of my Position, and they were walling south, and so I saw them probably -- they were maybe -- first I saw them, maybe 20, 30 feet from me, so they were in the packing lot waking south when I first observed them. Where they came from, that I cant tell. Q. They were walking toward Fury? A Correct. Q. But you don't know where they were coming from? A. Correct. Q. Detective Jones, is it correct that you got no complaints from any surrounding residents or members of the public about anything that you observed on November 2nd,2007? MS. AUJN: Objection; vague and ambiguous and misleading. Mr. Jamieson has already estabkshed Page 259 througb his questions that this property is not in a residential area. MR. JAMIESON: Then I guess he didn't get any complaints from any residential people surrounding the area. Q. Is it correct, Detective Jones, that you got no complaints from any surrounding residents or members of the public about things that occurred November 2nd? A. Correct. Q. Is it also correct, Detective Jones, that many of the people that you identified or at least talked about here in this report of November 2nd were attempting to utilize or utilizing taxicabs as opposed to driving their own vehicles? A. Did you say many? Q. In your report, just talking about in your report, what you reflect in your report, it looks like a lot of taxicab references. I'm asking you is it correct that many of these people that you have identified or talked about in your report were either attempting to or were utilizing taxicabs? A. That's not correct. Q. Is it true that your report of November 2nd, 2007 reflects neither any arrests, nor detentions? A. Correct. Actually that was an incorrect Precise Reporting Service 714 - 647 -9099 V �� FURY REVOCATION HEARING - 4/15/2008 40 (Pages 260 to 263) Page 262 Q. What is the relevance of that date in the context of this document? A. What happened was —and that was just a clerical issue. As far as documenting these cases — before on the other report I have done an employee's report, but to accurately document that it was decided that we should go ahead and complete a crime report, which is what we are looking at right now, so this crime report was — it's just a face page for documentation purposes. It's completed at a much later datejust for tracking purposes within our own system Q. And so this particular report that is page 1, Exhibit 28, was actually produced on December 27, but it's referencing something that occurred according to what is stated here on November 9, 2007, a Friday at 2100 and November 10, 2007, a Saturday at two o'clock, correct? A. You know what, forgive me on that one. I have not used these references in a couple days. 1 j ust want to make sure I was clear on what you meant. If you could just go back one more time for me. Q. Sure. The date and time that this report was prepared was approximately December 27, 2007 at eleven o'clock in the morning, correct? A. Correct Page 263 Q. Immediately below that it stated, "Occurred on or between" and then there are a couple dates there. Do you see that? A. Yes, sir. Q. What is the relevance of those data in the context of this page? A. Okay. Yeah, those are the dates that would have been the dates of our observations, that — so we were at — that's the date and time that I conducted the surveillance, so it was on November 9th, Friday, at about 9:00 p.m, and it concluded November 1011, Saturday at about 2:00 in the morning. Q. Okay. So to the extent that this particular page is referencing things that occurred that you have said that you observed, the report was actually filled out ten weeks after the fact, that one page, right? A. No, I don't refer to this as a report It's just a face sheet of a crime sheet. My report was done on the I Oth. Q. Fair enough. Down at the bottom, though, where it says — where you say M.O., observe any unusual actions, do you see that? A. Yes, sir. Q. There is a statement there that says, "Suspects operate their place of business outside the Precise Reporting Service 714 - 647 -9099 l'4D Page 260 1 statement 1 2 Q. Where in your report does it reflect that 2 3 anyone was actually arrested? 3 4 A. It doesn't, but just that last paragraph, page 4 5 4, some people were detained as uniformed police 5 6 officers responded to a call of a battery that had just 6 7 occurred. At the very last — 7 8 Q. It doesn't state that there was a detention. 8 9 I mean that's —okay. Nowhere in the report, not the 9 10 last paragraph of page four or anywhere else, does it 10 11 reflect that anyone was actually detained per that penal 1 11 12 code section that says it's a detention only, not an i 12 13 arrest, correct? People were not formally detained. It 1 13 14 doesn't reflect that in your report, does it? 14 15 A. It reflects that — no, it does not It just 15 16 reflects that officers responded. i 16 17 Q. Okay. Let me direct your attention to Exhibit I 17 18 28. Now, this was something that reflected the top — 18 19 it says date and time reported to P.D. Do you have 19 20 Exhibit 28 in front of you? i 20 21 A. Yes. 21 22 Q. I'm looking at the first page of Exhibit 28. 22 23 A. Uh -huh. 23 24 Q. And I only am going to be talking about the 24 25 first five pages because that's what has been introduced 25 —� Page 261 — 1 as your testimony. I gather that is your signature at 1 2 the bottom? 2 3 A. My initials are next to my printed name. 3 4 Q. And to the left of that, do you recognize 4 5 Detective or Sergeant Vallercamp's signature? 5 6 A. Yes. 6 7 Q. You have seen that lots of time before, right? 7 8 A. Yes. 8 9 Q. Where it says date and time reproduced 1 9 10 immediately below his signature, can you read that date? 10 11 A. It looks like 12- 29-07. 11 12 Q. And are you familiar with what dale and time 12 13 reproduced means in the context of filling out this form 13 14 as a result of your duties as a vice officer of the 14 15 Newport Beach Police Department for the last 17 and a 15 16 half years? 16 17 A. That dale and time reproduced is a box for 17 18 records purposes, so a reproduced record — and why they 18 19 reproduce it, that I don't know, but that was no longer 1 19 20 a function of my dealing. 20 21 Q. At the very top the document reflects date and 21 22 time reported to P.D. 12 -27 -2007 at 11:10, which would 22 23 be what, about eleven o'clock in the morning on December! 23 24 25th? 24 25 A. Correct. 25 40 (Pages 260 to 263) Page 262 Q. What is the relevance of that date in the context of this document? A. What happened was —and that was just a clerical issue. As far as documenting these cases — before on the other report I have done an employee's report, but to accurately document that it was decided that we should go ahead and complete a crime report, which is what we are looking at right now, so this crime report was — it's just a face page for documentation purposes. It's completed at a much later datejust for tracking purposes within our own system Q. And so this particular report that is page 1, Exhibit 28, was actually produced on December 27, but it's referencing something that occurred according to what is stated here on November 9, 2007, a Friday at 2100 and November 10, 2007, a Saturday at two o'clock, correct? A. You know what, forgive me on that one. I have not used these references in a couple days. 1 j ust want to make sure I was clear on what you meant. If you could just go back one more time for me. Q. Sure. The date and time that this report was prepared was approximately December 27, 2007 at eleven o'clock in the morning, correct? A. Correct Page 263 Q. Immediately below that it stated, "Occurred on or between" and then there are a couple dates there. Do you see that? A. Yes, sir. Q. What is the relevance of those data in the context of this page? A. Okay. Yeah, those are the dates that would have been the dates of our observations, that — so we were at — that's the date and time that I conducted the surveillance, so it was on November 9th, Friday, at about 9:00 p.m, and it concluded November 1011, Saturday at about 2:00 in the morning. Q. Okay. So to the extent that this particular page is referencing things that occurred that you have said that you observed, the report was actually filled out ten weeks after the fact, that one page, right? A. No, I don't refer to this as a report It's just a face sheet of a crime sheet. My report was done on the I Oth. Q. Fair enough. Down at the bottom, though, where it says — where you say M.O., observe any unusual actions, do you see that? A. Yes, sir. Q. There is a statement there that says, "Suspects operate their place of business outside the Precise Reporting Service 714 - 647 -9099 l'4D FURY REVOCATION HEARING - 4/15/2008 41 1YctyCb' 604 t-V 4011 Page 266 MR. JAMIESON: I'll abide by your ruling. I'm just -- THE HEARING OFFICER: That's the ruling. Let's move On. MR. JAMIESON: -- discussing it. THE HEARING OFFICER: Please move on. BY MR. JAMIESON: Q. Now, with respect to the conclusion that your report draws that we just talked about, did you visit the Fury site at any time between November 9, 2007 and in the morning of November 10,1 guess, and December 27 of2007? A. Yes. Q. But your visitor visits to Fury during that time are not reflected in Exhibit 28, the report that you provided; is that right? A. Correct, it's a business of a different nature. Q. So the other visits that you made to the Fury after November — after the morning — the early morning hours of November 10, 2007 and before this report was prepared December 27, 2007 are not depicted in any report that we have identified and looked at today, right? A. Correct. Page 267 Q. How many times, approximately, did you visit Fury during that time period? A. I would drive by around lunchtime on a few occasions. I would say no less than three, no more than six. Q. Let me draw your attention to the second page of Exhibit 28. Now we are talking about November 9, 2007, and it indicates that you and Detective Graham and Raymond Exams, E-s-a- r-o-s, and Detective Stark arrived at about 8:30; is that right? A. Correct Q. And on that particular occasion Raymond Esaros actually went inside and ate dinner, true? A. Correct. Well, I should say they went inside. I actually don't recall if they ale dinner or not. Q. But their purpose forgoing inside was to eat dinner? A. Correct. Q. They had dinner reservations? A. Correct. Q. At the bottom of that particular page you reference an observation you had that about five young adult females walked up and were not carded; is that right? A. Sounds correct. What page are you on? Precise Reporting Service 714 - 647 -9099 i'q, Page 264 1 provisions set forth by the City of Newport Beach, 1 2 right? 2 3 A. Yes. 3 4 Q. Did you type that in? 4 5 A. Yes. 5 6 Q. Was that your conclusion? 6 7 A. Yes. 7 8 Q. So to the extent that this sheet of paper 8 9 reflects your conclusions for observations back on 9 10 November 9th, it was done by you and submitted December 10 11 27th, right.? 11 12 A. Correct 12 13 Q. Sothis particular sheet of paper was not done 13 14 at or near the time of the events that you observed and 14 15 for which you rendered this opinion, right? 15 16 A. Correct 16 17 MR. JAMIESON: Again, I move to exclude this. It's 17 18 not within 1280, this particular piece of paper. 18 19 THE HEARING OFFICER: Who prepared it? 19 20 MR JAMIESON: They prepared it eight weeks or six : 20 21 weeks after the fact. So therefore, it doesn't fall 21 22 within 1280. j 22 23 THE HEARING OFFICER: I'msorry. Idon'[knowthe 23 24 proper —1 don't know 1280 well enough to be able to 24 25 rulconit. What is your position? 25 —_ -T —Page 265 1 MS. AILIN: My position frankly is that the 1 2 significant material for purposes of establishing — for 2 3 purposes of providing evidence that the hearing officer 3 4 and ultimately the planning comoussion would use to 4 5 conclude that the use permit has been violated is in the 5 6 employee's report attached. 6 7 MR JAMIESON: I don t know. 1 would assume that 7 8 to the extent that there is language here where 8 9 Detective Jones states "Suspects operate their place of 9 10 business outside the provisions set forth by the City of 10 11 Newport Beach," renders his conclusions, renders his 11 12 opinion to the extent that that document is supposed to 12 13 be evidence to that effect, if it doesn't fall within 13 14 1280, it's not admissible. 14 15 THE HEARING OFFICER This document was prepared by: 15 16 the witness. 16 17 MR. JAMIESON: Correct. 17 18 THE HEARING OFFICER: He signed it. As far as I rn 18 19 concerned, it's an admissible document. HeS here to 19 20 talk about it. Its an admissible document He 20 21 prepared it. 21 22 MR JAMIESON: But 1280 says it has got to be ator 22 23 near the time of the event in question. 23 24 THE HEARING OFFICER: That's a judgment call, isn't 24 25 it as to whether ifs near? 25 41 1YctyCb' 604 t-V 4011 Page 266 MR. JAMIESON: I'll abide by your ruling. I'm just -- THE HEARING OFFICER: That's the ruling. Let's move On. MR. JAMIESON: -- discussing it. THE HEARING OFFICER: Please move on. BY MR. JAMIESON: Q. Now, with respect to the conclusion that your report draws that we just talked about, did you visit the Fury site at any time between November 9, 2007 and in the morning of November 10,1 guess, and December 27 of2007? A. Yes. Q. But your visitor visits to Fury during that time are not reflected in Exhibit 28, the report that you provided; is that right? A. Correct, it's a business of a different nature. Q. So the other visits that you made to the Fury after November — after the morning — the early morning hours of November 10, 2007 and before this report was prepared December 27, 2007 are not depicted in any report that we have identified and looked at today, right? A. Correct. Page 267 Q. How many times, approximately, did you visit Fury during that time period? A. I would drive by around lunchtime on a few occasions. I would say no less than three, no more than six. Q. Let me draw your attention to the second page of Exhibit 28. Now we are talking about November 9, 2007, and it indicates that you and Detective Graham and Raymond Exams, E-s-a- r-o-s, and Detective Stark arrived at about 8:30; is that right? A. Correct Q. And on that particular occasion Raymond Esaros actually went inside and ate dinner, true? A. Correct. Well, I should say they went inside. I actually don't recall if they ale dinner or not. Q. But their purpose forgoing inside was to eat dinner? A. Correct. Q. They had dinner reservations? A. Correct. Q. At the bottom of that particular page you reference an observation you had that about five young adult females walked up and were not carded; is that right? A. Sounds correct. What page are you on? Precise Reporting Service 714 - 647 -9099 i'q, FURY REVOCATION HEARING - 4/15/2008 42 (Pages 268 to 271) Page 270 any type of documentation to them for violating that law, did you? A. No. Q. By the way, you described certain circumstances in here where you rendered the opinion that people were intoxicated; would that be a fair observation? A. Yes. Q. And these are people that you observed outside in the parking lot, not inside Fury; is that right? A. Correct. Q. In your position as a vice officer, is it true to say that it is illegal for people to be drunk in public? A. Correct. Q. Did you issue any of these people citations or arrest them? A. No. Q. Is it correct to say also that serving intoxicated people would also be a violation of law? A. Correct. Q. But you didn't observe anything occur inside Fury that night, true? A. Correct. Q. By the way, you didn't issue any citations to Page 271 Fury that night, did you? A. Correa, I Issued no citations to anybody. I didn't detain anybody, and 1 didn't talk to anybody during any of my observations. Q. Did you feel when you were observing what occar- A. That was actually a misstatement. 1 did talk to somebody once. 1 apologize. I wasn't trying to give a wrong answer. 1 was just trying to be helpful. Q. That's okay. t appreciate that. On that night of November 9 and 1 guess the early morning of the November Inth, did you observe any of these people that you have identified in these reports as bang in a state of intoxication or having other problems where you considered them to be a danger to themselves or to anyone else? A. Yes. Q. Did you issue any citations for that? A. No. Q. Did you detain any of those people for that? A. No, they went by themselves. Q. Was anybody that was there at the Fury that night or any surrounding residents or any business owners or any members of the general public complain to you about whatever occurred at Fury on November 9th and Precise Reporting Service 714 - 647 -9099 I,`0a Page 268 1 Q. I'm looking at the second page of the 1 2 exhibit. 1 think the first page is the actual report. 2 3 A. Yes, that's correct. 3 4 Q. Now, you never checked those particular 4 5 females' identification, did you? 5 6 A. No. 6 7 Q. You are not contending they were under age, 7 8 are you? 8 9 A. I'm contending I don't know. 9 10 Q. On the next page of your report, which is 10 11 identified at the top left -hand corner as page No. 2 11 12 where it starts off "At approximately 10:45 p.m.," do 12 13 you see that page? 13 14 A. Yes. 14 15 Q. You make reference to various observations 15 16 that you made of what looks like several adult males. 16 17 Did you ever stop and discuss with any of these adult 17 18 males where they had been that night before going to 18 19 Fury? 19 20 A. No. 20 21 MS. AR,IN: Objection; vague and ambiguous. Are we 21 22 talking about the one putting flares on cars? Are we 22 23 talking about the ones who urinated in the parking lot? 23 24 Who are we talking about? 24 25 MR. JAMIESON: I don t care. He just said he 25 Page 269 1 didn't talk to any of them about where they had been, so 1 2 1 want to go into that. He didn't talk to any of the 2 3 guys, the flier guy or the various other people that he 3 4 has identified in his report. 4 5 Q. So my next question, Detective, is did you 5 6 ever speak to any of the adult males that you have 6 7 referenced in your report to find out how many alcoholic 7 8 beverages they ingested at Fury." a 9 A. No. 9 10 Q. Did you ever check the level of intoxication 10 11 with any type of Breathalyzer of any of the people that 11 12 you observed that night? 12 13 A. No. 13 14 Q. Did you issue any arrest citations to any of 14 15 the people you observed that night? 15 16 A. No. 16 17 Q. Did you issue any cards or forms that say they i 17 18 are detained only and not arrested to any of the people 18 19 you observed that night? 19 20 A. No. 20 21 Q. There are some references to certain people 21 22 urinating out in public. Is urinating in public by 22 23 itself, is that a public offense? 23 24 A. Yes. 24 25 Q. You did not cite them, arrest them or issue 25 42 (Pages 268 to 271) Page 270 any type of documentation to them for violating that law, did you? A. No. Q. By the way, you described certain circumstances in here where you rendered the opinion that people were intoxicated; would that be a fair observation? A. Yes. Q. And these are people that you observed outside in the parking lot, not inside Fury; is that right? A. Correct. Q. In your position as a vice officer, is it true to say that it is illegal for people to be drunk in public? A. Correct. Q. Did you issue any of these people citations or arrest them? A. No. Q. Is it correct to say also that serving intoxicated people would also be a violation of law? A. Correct. Q. But you didn't observe anything occur inside Fury that night, true? A. Correct. Q. By the way, you didn't issue any citations to Page 271 Fury that night, did you? A. Correa, I Issued no citations to anybody. I didn't detain anybody, and 1 didn't talk to anybody during any of my observations. Q. Did you feel when you were observing what occar- A. That was actually a misstatement. 1 did talk to somebody once. 1 apologize. I wasn't trying to give a wrong answer. 1 was just trying to be helpful. Q. That's okay. t appreciate that. On that night of November 9 and 1 guess the early morning of the November Inth, did you observe any of these people that you have identified in these reports as bang in a state of intoxication or having other problems where you considered them to be a danger to themselves or to anyone else? A. Yes. Q. Did you issue any citations for that? A. No. Q. Did you detain any of those people for that? A. No, they went by themselves. Q. Was anybody that was there at the Fury that night or any surrounding residents or any business owners or any members of the general public complain to you about whatever occurred at Fury on November 9th and Precise Reporting Service 714 - 647 -9099 I,`0a FURY REVOCATION HEARING - 4/15/2008 43 (Pages 272 to 275) Page 274 that. A. Okay. Q. The document I'm looking at here doesn't reflect those redactions, but I'm asking was there any information here that doesn't exist any longer? A. No. Q. We can't — A. Absolutely not. Once you see these two signatures and once it gets through our system, there are no changes made on the report. And the redactions which were done by the city attorney's office were completed after they got our completed reports, went through our records system, it's memorialized and can't be changed. Q. All right. Now, looking at this report, which was prepared somewhere around January 25th or perhaps January 26th, the reference that you make on the front page to "Suspects operate place of business outside the provisions set forth by the City Newport Beach," that's your language, correct? A. Yes. Q. Did you visit Fury at any time between December 27th — strike that Did you visit Fury at any time between November 9, 2007, and we confirmed that you didn't visit Page 275 it — I'm sorry. Let me withdraw again and restart. Did you visit Fury at any time between December 27th, the date you filled out the previous report, and January 20th, 2008? A. No. Q. When you are working vice, did you always work with Detective Stark? That's kind of an overbroad question. Let me withdraw and try that again. At any time that you would have visited the Fury, would you have been visiting it with Detective Stark? A. Oh, I wasn't by myself. Q. Is it possible, based on the way you operate with Detective Stark, that he visits locations when you are not present ?. A. Yes. Q. So when you rendered the opinion on January 25th, 2008 that "The suspect" — I gather you mean Fury — "operate their place of business outside the provisions set forth by the City of Newport Beach," you weren't basing that on any information you observed or any incidents you observed between December 27th and January 25th, were you? A. It was based on observations made that night. Q. That one particular night? Precise Reporting Service 714 - 647 -9099 Page 272 1 in the early morning hours of November I Oth? 1 2 A. No. 2 3 Q. Let me direct your attention to Exhibit 29. 3 4 Exhibit 29, we are talking about here the first three 4 5 pages. Do you have that in front of you? 5 6 A. Yes. 6 7 Q. Once again, the very first page was one that 7 8 you signed and filled out on January 25th of 2008 at 8 9 about nine o'clock at night; is that right? 9 10 A. Correct. 10 11 Q. And in this particular instance the event that 11 12 you were reporting about you reflect occurred on or 12 13 between January 20th, 2008 at about nine o'clock on 1 13 14 Friday and extending to Saturday morning at 2:00, so — 14 15 and I wasn't trying to mislead you either. So this 15 16 report wasn't filled out at nine o'clock on January 16 17 25th. It must have been filled out after that? 17 18 A. That would be correct. 18 19 Q. You weren't filling this report out in advance 19 20 of your visit there, were you? 20 21 A. No, in doing these reports, I put the wrong 21 22 time. I am think I just superimposed it 22 23 Q. When did you actually fill out this page? 23 24 A. This first after — the first one you can see 24 25 that there are two where the times were off on those Page 2731 1 crime sheets, the face pages was because we decided how 1 2 we are going to — for entry into our system, how we are 2 3 going to handle it, so we knew even additional one to go 3 4 out there, we would make sure we fill out this report ; 4 5 Since we knew what reports we were going to put 5 6 together, it was done at the same time as my other 6 7 report. 7 8 Q. 1 see. Okay. 8 9 A. If that makes sense. 9 10 Q. Sort of. It makes sense enough. That's 10 11 fine. 11 12 Was there any information filled out on this 12 13 particular sheet of, Exhibit 29, first page that you 13 14 remember filling out that does not appear on the 14 15 document in this notebook? I realize you are looking at 15 16 what you brought with you, and you can compare if you 16 17 like, but is there any information on this sheet of 17 18 paper that no longer exists that was in there when you 18 19 originally drafted up the document? 19 20 A. I'm not— I'm not sure what you are - -1 20 21 don't see anything that is not — I'm not sure what you 21 22 are looking at j 22 23 Q. What I'm asking is, there were a number of 23 24 documents that initially when we received them were 24 25 redacted in certain ways, names, dates, some things like 25 43 (Pages 272 to 275) Page 274 that. A. Okay. Q. The document I'm looking at here doesn't reflect those redactions, but I'm asking was there any information here that doesn't exist any longer? A. No. Q. We can't — A. Absolutely not. Once you see these two signatures and once it gets through our system, there are no changes made on the report. And the redactions which were done by the city attorney's office were completed after they got our completed reports, went through our records system, it's memorialized and can't be changed. Q. All right. Now, looking at this report, which was prepared somewhere around January 25th or perhaps January 26th, the reference that you make on the front page to "Suspects operate place of business outside the provisions set forth by the City Newport Beach," that's your language, correct? A. Yes. Q. Did you visit Fury at any time between December 27th — strike that Did you visit Fury at any time between November 9, 2007, and we confirmed that you didn't visit Page 275 it — I'm sorry. Let me withdraw again and restart. Did you visit Fury at any time between December 27th, the date you filled out the previous report, and January 20th, 2008? A. No. Q. When you are working vice, did you always work with Detective Stark? That's kind of an overbroad question. Let me withdraw and try that again. At any time that you would have visited the Fury, would you have been visiting it with Detective Stark? A. Oh, I wasn't by myself. Q. Is it possible, based on the way you operate with Detective Stark, that he visits locations when you are not present ?. A. Yes. Q. So when you rendered the opinion on January 25th, 2008 that "The suspect" — I gather you mean Fury — "operate their place of business outside the provisions set forth by the City of Newport Beach," you weren't basing that on any information you observed or any incidents you observed between December 27th and January 25th, were you? A. It was based on observations made that night. Q. That one particular night? Precise Reporting Service 714 - 647 -9099 FURY REVOCATION HEARING - 4/15/2008 44 (Pages 276 to 279) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Did you do anything with regard to the Page 276 overcrowding investigation where your duties took you Page 278 1 A. Yes. 1 were not involved in counting out to anybody; is that 2 Q. Of January 25th? 2 correct? 3 A. Correct 3 A. Correct. 4 Q. Now, on January 25th according to page 2 of 4 Q. Your report does not reflect that there are 5 this exhibit you arrived at about 9:00 p.m., and you 5 any citations that were issued; is that correct? 6 were with Detective Graham, Eisenhower and 6 A Correct. 7 Glen Garrity; is that right? 7 Q. Let me draw your attention now to Exhibit 31, 8 A. Yes. 8 the next document you referenced, and this was four 9 Q. Was that a night that Detective Stark was not 9 pages. This is the city's document and still has some 10 with you? 10 redactions. 11 A. Correct. 11 A. I'm sure —1 know I sent you —1 a -mailed 12 Q. The entire time you were at Fury on the 12 you the unredacted version. 13 evening of January 20th, you remained outside the 13 Q. I very may well have that, and I think I do, 14 building premises; is that right? 14 so I'm sure I'll find it. This is the one provided. 15 A. Yes. 15 It's a notebook that you so kindly put together that 16 Q. There is reference to an overcrowding 16 someone has redacted. 17 investigation, but other than the overcrowding 17 MS. AILIN: In the interest of time, why don't you 18 investigation, did you issue any arrest citations to 18 borrow the copy in my binder? 19 anyone that night? 19 BY MR. JAMIESON: 20 A. No. 20 Q. All right. So, Detective, directing your 21 Q. Did you formally detain anyone that night? 21 attention to Exhibit 31. This one — Counsel, Exhibit 22 A. No. 22 31 is not — Exhibit 31 is February 4th. 23 Q. Were you involved personally in the 23 MS. AILIN: Then something got shuffled in the 24 overcrowding investigation? 24 binder. 25 A. Yes. 25 MP-JAMIESON: Exhibit 31. - -- Page 277 Page 279 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Did you do anything with regard to the 1 overcrowding investigation where your duties took you 2 inside Fury? 3 A. No. 4 Q. Did you help — strike that. 5 Was there a count out of the premises? 6 A. Yes. 7 Q. Were you the person counting out? 8 A. No. 9 THE CLERK: Sorry for the interruption. Could we ! 10 take a break for j ust a moment? We have to re -park some 11 cars. 12 THE HEARING OFFICER: Is that an essential thing to 13 do? We are having a terrible time with time on this 14 matter, and things like this contribute to it further. 15 THE CLERK: Anyone that is parked in the building 16 department slots — 17 (Discussion ensued off the record.) 18 BY MR. JAMIESON: 19 Q. Bringing us back in where you were at on 20 Exhibit 29, the fast three pages, looking at that, you 21 have that in front of you; is that correct, Detective? 22 A. Yes. 23 Q. With respect to the overcrowding 24 investigation, you did not issue the citations, and you 25 THE WITNESS: What is Exhibit 32 for you? BY MR. JAMIESON: Q. Exhibit 32 for me is 33208, DR No. 08- 02232. Exhibit 31 is 08- 01078. Exhibit 31 is this one. MS. AILIN: All right. And if you turn to the second page of what I handed you, you will see that it's the first page of what you have without the redaction. MR. JAMIESON: Thank you. So I have both versions is what you are telling me. Q. So looking at the nonredacted version of Exhibit 31, Exhibit 31 says that the date and time reported is January 31, 2008, the very first page, right? A. Correct. Q. However, the balance of that first page appears to be substantially similar to Exhibit 29 to me. Can you take a look at the first page of Exhibit 29? A. I'm familiar with it. Q. Why is there a second report here with a different date and time reported? A. I superimposed the date. Q. What does that mean? A. That means when f put the closing time, I put the wrong dates. Q. So Exhibit 31 is actually a corrected version Precise Reporting Service 714- 647 -9099 J,�A FURY REVOCATION HEARING - 4/15/2008 45 (Pages 280 to 283) Page 282 purportedly to get dinner, right? A. Two of them did and one stayed out. Q. On January 31st did you ever go inside the premises? A. No. Q. Is it correct that you did not observe at any time while you were at Fury from 9:30 p.m on January 31st, 2008 until you concluded your observations according to the report at one o'clock a.m. anything — withdraw. Were you at Fury continuously from 9:30 on January 31st until one o'clock in the morning on the next morning February Ist? A. Yes. THE HEARING OFFICER: It was two o'clock. MR. JAMIESON: No, one o'clock. It says one dclock. THE HEARING OFFICER: What page says one o'clock? rm sorry. (just want to make sure. MR. JAMIESON: Page 3. THE HEARING OFFICER: This page says two o'clock. MR. JAMIESON: Right, but he has indicated that that information is incorrect. Q. Right? A. Correct, it is incorrect. Page 283 THE HEARING OFFICER: If I can -- yeah. BY MR, JAMIESON: Q. So looking at the — THE HEARING OFFICER: This is a one -day report from 1 -31 at 9:00 p.m, until the next morning at 1:00 am, correct? THE WITNESS: Correct. BY MR, JAMIESON: Q. And during that entire time you observed whatever it is you observed and wrote down what you observed In this report, right? A. Correct. Q. And you did not issue any citations, nor did you detain any people; is that right? A. Correct. Q. And other than the two male subjects at different times urinating in the parking lot somewhere, you did not see anything that you considered to be — that you observed that you considered to be Fury operating its place of business outside the provisions set forth by the City of Newport Beach; is that correct? A. Correct. Q. So the statement that you made on the very first page of Exhibit 31, "The suspects operate their place of business outside the provisions set forth by Precise Reporting Service 714 - 647 -9099 1/� 5 Page 280; 1 of Exhibit 29? : 1 2 A. No. I could -- would you like me to explain? 2 3 Q. Please do. 3 4 A. On this report there is an actual — 4 5 THE HEARING OFFICER: Which report? j 5 6 THE WITNESS: This report, Exhibit 31, the page No. 6 7 1, is a crime report. This is to reflect the actual 7 8 event that occurred on December 31st, 2008 as depicted 8 9 in the date and time P.D.; however, it occurred on and 9 10 between those dates, l superimposed those dates from ! 10 11 exhibits -- earlier exhibits, and there was naturally 11 12 1 did a supplemental report, which indicates such, and 12 13 it's on one, the fourth page, which says -- the 13 14 supplemental report it says — explains that -- 14 15 THE HEARING OFFICER: The fourth page of Exhibit 9? : 15 16 MS. AILIN: 3l. 16 17 THE HEARING OFFICER: Okay. 17 18 BY MR. JAMIESON: 18 19 Q. So just to put it in a language I understand. 19 20 What you are saying is that you utilized the face page 1 20 21 from what we now know as Exhibit 29 for all intents — 21 22 strike that — because it's exactly the same as the one 22 23 from Exhibit 29 except for the dates of occurrence, ! 23 24 right? 24 25 A. No, I'm saying I made a mistake when I 25 45 (Pages 280 to 283) Page 282 purportedly to get dinner, right? A. Two of them did and one stayed out. Q. On January 31st did you ever go inside the premises? A. No. Q. Is it correct that you did not observe at any time while you were at Fury from 9:30 p.m on January 31st, 2008 until you concluded your observations according to the report at one o'clock a.m. anything — withdraw. Were you at Fury continuously from 9:30 on January 31st until one o'clock in the morning on the next morning February Ist? A. Yes. THE HEARING OFFICER: It was two o'clock. MR. JAMIESON: No, one o'clock. It says one dclock. THE HEARING OFFICER: What page says one o'clock? rm sorry. (just want to make sure. MR. JAMIESON: Page 3. THE HEARING OFFICER: This page says two o'clock. MR. JAMIESON: Right, but he has indicated that that information is incorrect. Q. Right? A. Correct, it is incorrect. Page 283 THE HEARING OFFICER: If I can -- yeah. BY MR, JAMIESON: Q. So looking at the — THE HEARING OFFICER: This is a one -day report from 1 -31 at 9:00 p.m, until the next morning at 1:00 am, correct? THE WITNESS: Correct. BY MR, JAMIESON: Q. And during that entire time you observed whatever it is you observed and wrote down what you observed In this report, right? A. Correct. Q. And you did not issue any citations, nor did you detain any people; is that right? A. Correct. Q. And other than the two male subjects at different times urinating in the parking lot somewhere, you did not see anything that you considered to be — that you observed that you considered to be Fury operating its place of business outside the provisions set forth by the City of Newport Beach; is that correct? A. Correct. Q. So the statement that you made on the very first page of Exhibit 31, "The suspects operate their place of business outside the provisions set forth by Precise Reporting Service 714 - 647 -9099 1/� 5 Page 281 1 mentally I entered it by hand. 1 2 Q. I think I'm making this more difficult than It 2 3 needs to be. Exhibit 31, the date and time reported is 3 4 January 31st and the incident or incidents or that which 4 5 is being reported upon actually did not occur January 5 6 25th as indicated here, but you are saying rather ( 6 7 occurred January 31? 7 8 A. Correct. 8 9 Q. So on January 31 at about 9:30, you and the 9 10 two gentleman that are identified here went to Fury Rok 10 11 and Rol, correct? 11 12 A. Correct. 12 13 Q. And did you go to Fury on January 31st or 13 14 January 25th or any of those other dates that we talked 14 15 about so far this afternoon as a result of any complaint 15 16 by any mother of the public? Did you actually go on a 16 17 specific night as a result of any specific complaint? 17 18 A. No, not once for a specific claim, no. 18 19 Q. You didn't get called to the scene, for 19 20 instance, January 31 because somebody was complaining 20 21 that something was happening January 31st, and 21 22 therefore, you went out there and took look? 22 23 A. Correct. 23 24 Q. Now, January 31st these other detectives, not 24 25 you, went inside because they had dinner reservations 25 45 (Pages 280 to 283) Page 282 purportedly to get dinner, right? A. Two of them did and one stayed out. Q. On January 31st did you ever go inside the premises? A. No. Q. Is it correct that you did not observe at any time while you were at Fury from 9:30 p.m on January 31st, 2008 until you concluded your observations according to the report at one o'clock a.m. anything — withdraw. Were you at Fury continuously from 9:30 on January 31st until one o'clock in the morning on the next morning February Ist? A. Yes. THE HEARING OFFICER: It was two o'clock. MR. JAMIESON: No, one o'clock. It says one dclock. THE HEARING OFFICER: What page says one o'clock? rm sorry. (just want to make sure. MR. JAMIESON: Page 3. THE HEARING OFFICER: This page says two o'clock. MR. JAMIESON: Right, but he has indicated that that information is incorrect. Q. Right? A. Correct, it is incorrect. Page 283 THE HEARING OFFICER: If I can -- yeah. BY MR, JAMIESON: Q. So looking at the — THE HEARING OFFICER: This is a one -day report from 1 -31 at 9:00 p.m, until the next morning at 1:00 am, correct? THE WITNESS: Correct. BY MR, JAMIESON: Q. And during that entire time you observed whatever it is you observed and wrote down what you observed In this report, right? A. Correct. Q. And you did not issue any citations, nor did you detain any people; is that right? A. Correct. Q. And other than the two male subjects at different times urinating in the parking lot somewhere, you did not see anything that you considered to be — that you observed that you considered to be Fury operating its place of business outside the provisions set forth by the City of Newport Beach; is that correct? A. Correct. Q. So the statement that you made on the very first page of Exhibit 31, "The suspects operate their place of business outside the provisions set forth by Precise Reporting Service 714 - 647 -9099 1/� 5 FURY REVOCATION HEARING - 4/15/2008 46 (Pages 284 to 287) Page 286 THE HEARING OFFICER: Worry about it later. MS. AILIN: I e- mailed it to you. I don't have it. MR. JAMIESON: Oh, is this it (indicating)? Q. Let's take a look at Exhibit 32, first four pages. Now, this Exhibit 32, first page references date and time reported as March 3rd? A. Correct. Q. And that would be the date and time that you filled out this report; is that right? A. Correct. Q. At about 9:30 in the morning, all true? A. Yes. Q. And it's talking about things that you observed from Friday night at nine o'clock on February 29th to approximately 1:30 — it says p.m. on Saturday, March 1st. Is that p.m. reference correct? A. No. Q. So it was actually 1:30 a.m. on Saturday? A. Correct. Q. On that particular evening of February 29th, did you have — with your observations in the past, remain outside the building? A. Yes. Q. That would be true during the entire time that you were at Fury that night, true? Page 287 A. True. Q. Your report references that Sergeant Ron Vallercamp along with Detective Elijah Hayward, Darrin Joe and you went to Fury. Is that the first time on February 29 that Sergeant Ron Vallemamp, to your knowledge, with you present visited Fury? A. I believe so, yes. Q. To your knowledge, did Vallercamp stay outside the building or did he go in at some point? A. Outside. Q. Did any of your group go inside, to your knowledge? A. Yes. Q. And that would be Hayward and Joe? A. Correct. Q. On that particular night of February 29, did you go to Fury as a result of a call for service from somebody either at the location or a member of the public, somebody other than a Newport Beach police officer? A. No. Q. On page 2 of the report, which is actually the third page of this exhibit, you referenced that you and Sergeant Vallercamp made numerous observations, things such as public urination. For anybody that you observed Precise Reporting Service 714- 647 -9099 1,A(o Page 284 1 the City of Newport Beach" is not a correct statement at 1 2 least as of what you observed on that night of January 2 3 31st; is that true? 3 4 A. Well, not exactly. My — my — that statement 4 5 in that crime report was based on, again, that the 5 6 public urination, which is a public nuisance then, and 6 7 being part of a public nuisance and an establishment is ! 7 e their duty with their security staff to make sure that ! 8 9 things like that don't happen, so that Is part of their 9 10 provisions set forth by Newport Beach that they can't 10 11 allow that to happen, so that's what — the impetus 11 12 behind that. There weren't as many violations at all as 12 13 in before, but that was — it was based on those two 13 14 violations. So I may have misspoken before, and 1 14 15 apologize for thaL 15 16 Q. The urination? 16 17 A. Correct. 17 18 Q. It wasn't an employee of Fury that was 1 18 19 urinating in the parking lot, was it? 19 20 MS. AILIN: Objection; relevance. 20 21 MR. JAMIESON: It's think it's very relevant. If 21 22 there are employees urinating out here, what control do 22 23 they have to stop somebody from urinating? 23 24 MS. AILIN: You have elicited no testimony from 24 25 this witness that would indicate at all that he has any - 25 _....._.._.._..___.._._. Page 2651 1 idea who Fury employees are. 1 2 MR. JAMIESON: 1 don't think that's true. We can 2 3 go that mute -- 3 4 THE HEARING OFFICER: Overruled. Answer the 4 5 question. 5 6 BY MR. JAMIESON: 6 7 Q. Were the guys that were urinating — 7 8 A. I'm just trying to be correct 8 9 Q. Were guys that were urinating out there in 9 10 Fury apparel? 10 11 A. I can't answer that. Do they work for Fury, 11 12 if that's the question, I don't know. 12 13 Q. Okay. 13 14 A. Fury apparel is very broad. 14 15 Q. So as far as you were concerned the night of .I 15 16 January 31 was a pretty good night for Fury? 16 17 A. Yes. 17 18 MS. AB-IN: Objection. 18 19 BY MR. JAMIESON: 19 20 Q. Let's look at Exhibit 32. 1 20 21 MS. AILIN: Excuse me. Can I have my copy of 21 22 Exhibit 31 back? 22 23 THE HEARING OFFICER: Do you have a copy of that 23 24 now? Maybe you should get one made. 24 25 MR. JAMIESON: I don't think I kept your 31. 25 46 (Pages 284 to 287) Page 286 THE HEARING OFFICER: Worry about it later. MS. AILIN: I e- mailed it to you. I don't have it. MR. JAMIESON: Oh, is this it (indicating)? Q. Let's take a look at Exhibit 32, first four pages. Now, this Exhibit 32, first page references date and time reported as March 3rd? A. Correct. Q. And that would be the date and time that you filled out this report; is that right? A. Correct. Q. At about 9:30 in the morning, all true? A. Yes. Q. And it's talking about things that you observed from Friday night at nine o'clock on February 29th to approximately 1:30 — it says p.m. on Saturday, March 1st. Is that p.m. reference correct? A. No. Q. So it was actually 1:30 a.m. on Saturday? A. Correct. Q. On that particular evening of February 29th, did you have — with your observations in the past, remain outside the building? A. Yes. Q. That would be true during the entire time that you were at Fury that night, true? Page 287 A. True. Q. Your report references that Sergeant Ron Vallercamp along with Detective Elijah Hayward, Darrin Joe and you went to Fury. Is that the first time on February 29 that Sergeant Ron Vallemamp, to your knowledge, with you present visited Fury? A. I believe so, yes. Q. To your knowledge, did Vallercamp stay outside the building or did he go in at some point? A. Outside. Q. Did any of your group go inside, to your knowledge? A. Yes. Q. And that would be Hayward and Joe? A. Correct. Q. On that particular night of February 29, did you go to Fury as a result of a call for service from somebody either at the location or a member of the public, somebody other than a Newport Beach police officer? A. No. Q. On page 2 of the report, which is actually the third page of this exhibit, you referenced that you and Sergeant Vallercamp made numerous observations, things such as public urination. For anybody that you observed Precise Reporting Service 714- 647 -9099 1,A(o FURY REVOCATION HEARING - 4/15/2008 4 / keayt35 ZOO l,U 6711 Page 290 picked it up. Looked at it and smelled it, and it was beer and — Coors Light, and it smelled like Coors Light beer. 1 poured it out. It foamed up, and it looked like Coors Light beer. Q. Prior to that moment in time you didn't see these people come out of Fury, correct? A. Correct. Q. And prior to that time you don't know where People were drinking, correct? A. No. Q. And there were no arrests or detentions as a result of your observations of the group you just described? A. Correct. Q. By the way, going back to the public intoxication. Did you feel that anybody that you observed that you thought was publicly intoxicated was a danger to himself or others? A. No, because they were with somebody who was able to — appeared — in all appearances to care for them Q. Did you have any conversation with any of the people that you believed had the ability to care for someone you thought to be intoxicated? A. No. Page 291 Q. You identified littering. That you observed. Did the people that you — well, strike that. Did you actually observe people throwing things on the ground or are you talking about open containers that somebody left on the ground? A. Yes to both. Q. And did you observe any of the people that appeared to be working for Fury at any time that night, although you were only there until about 1:30, throw things out in the parking lot? A. No. Q. Would you agree that any time that there are groups of people in parking lots that there is going to be some litter in your observations of various locations in the City of Newport Beach? MS. A1LIN: Objection; relevancy, calls for speculation. We have sat through an awful lot of this. What we are really hearing here is a deposition, not hearing testimony. MR. JAMIESON: f think we are hearing a lot of testimony. I think this is exactly what I'm able to do. I was not able to obtain subpoenas to compel people to come in to testify about varioas things. MS. AILIN: And then we are going to be here another six months. Precise Reporting Service 714- 647 -9099 I -q1 Page 288 1 publicly urinating were there any citations, arrests or 1 2 detentions? 2 3 A. No. 3 4 Q. And you referenced public intoxication. For 4 5 any of the public intoxication that you believe occurred 5 6 that you observed were there any arrests, detentions or 6 7 any other action with respect to those people? 7 8 A. No. 8 9 Q. The people that you say were publicly 9 10 intoxicated in your report here, do you have the names 10 11 or identifying information of any of them? 11 12 A No. 12 13 Q. Did you slop or question any of those people 13 14 that you suspected of public intoxication? 14 15 A. No. 15 16 Q. Did you observe any of those people ingest any 16 17 drinks that you believe were alcoholic in nature? 17 18 A. I don't recall if I did or didn't. 18 19 Q. Now, you referenced observations of open 19 20 containers. Are you referencing open containers of 20 21 alcoholic beverages? 21 22 A. Correct. 22 23 Q. And were those open containers of alcoholic 23 24 beverages things that you tested for alcohol content? 24 25 A. Yes. 25 Page 289 1 Q. Do you have the results in your report of the 1 2 tests for alcohol content? 2 3 A. No, it was an informal sniff test. 3 4 Q. So you smelled it? 4 5 A. Correct. 5 6 Q. And for those containers that you smelled, 6 7 were those cups or were those some other types of 7 8 containers? 8 9 A. They were glass containers. j 9 10 Q. Glass containers of what type? Like a bottle? 10 11 A. Bottle. 11 12 Q. Were those things being tested for people 12 13 walling into Fury? 13 14 A. It was a group in the parking lot, so they 14 15 eventually walked towards Fury, but I didn't see if they 15 16 went in or not. 16 17 Q. So when you observed them, did you also 17 18 approach them and that's when you smelled what was in 18 19 the containers? 19 20 A. No. 20 21 Q. So how for away from these people with these 21 22 containers were you when you smelled what you believed 22 23 was alcohol? 23 24 A. They walked away about 30 feet. I went over 24 25 to where they were, and they set down their glasses. I 25 4 / keayt35 ZOO l,U 6711 Page 290 picked it up. Looked at it and smelled it, and it was beer and — Coors Light, and it smelled like Coors Light beer. 1 poured it out. It foamed up, and it looked like Coors Light beer. Q. Prior to that moment in time you didn't see these people come out of Fury, correct? A. Correct. Q. And prior to that time you don't know where People were drinking, correct? A. No. Q. And there were no arrests or detentions as a result of your observations of the group you just described? A. Correct. Q. By the way, going back to the public intoxication. Did you feel that anybody that you observed that you thought was publicly intoxicated was a danger to himself or others? A. No, because they were with somebody who was able to — appeared — in all appearances to care for them Q. Did you have any conversation with any of the people that you believed had the ability to care for someone you thought to be intoxicated? A. No. Page 291 Q. You identified littering. That you observed. Did the people that you — well, strike that. Did you actually observe people throwing things on the ground or are you talking about open containers that somebody left on the ground? A. Yes to both. Q. And did you observe any of the people that appeared to be working for Fury at any time that night, although you were only there until about 1:30, throw things out in the parking lot? A. No. Q. Would you agree that any time that there are groups of people in parking lots that there is going to be some litter in your observations of various locations in the City of Newport Beach? MS. A1LIN: Objection; relevancy, calls for speculation. We have sat through an awful lot of this. What we are really hearing here is a deposition, not hearing testimony. MR. JAMIESON: f think we are hearing a lot of testimony. I think this is exactly what I'm able to do. I was not able to obtain subpoenas to compel people to come in to testify about varioas things. MS. AILIN: And then we are going to be here another six months. Precise Reporting Service 714- 647 -9099 I -q1 FURY REVOCATION HEARING - 4/15/2008 Page 293 1 Page 292 1 1 MR. JAMIESON: However long its going to take. My 1 2 clients have got millions of dollars invested in this 2 3 business, who have constitutionally protected properly 3 4 interests and First Amendment rights in this business 4 5 and in this proceeding certainly are entitled to be 5 6 accorded a fair proceeding, and right here all we are 6 7 talking about is asking a few questions. So I don t 7 8 want to denigrate the process by saying that these are 8 9 not important. We are looking at reports that have been 9 10 admitted. Fine, we are going to object -- its not fine 10 11 we objected to them We are maintaining that objection, 11 12 so we are cross - examining as best we can with the tools 12 13 we have got. 13 14 THE HEARING OFFICER: Okay. I'm going to overrule 14 15 the objection. pm going to suggest that preparation 15 16 needs to be done to read these reports in advance so 16 17 that they aren't read during the course of the hearing 17 18 and taking up that time. Be prepared in advance with 18 19 time reports so you can know what questions to ask and 19 20 then let's focus in. Furthermore, time of the reports 20 21 indicate that there have been any arrests made except 21 22 when they do. presumably there's a reason for that that 22 23 you could have asked for rather than repeatedly asking 23 24 thatquestion. So let's proceed. 24 25 MR. JAMIESON: By the way, I have read them before 25 Page 293 1 I came in, and I did prepare questions, and I am 1 2 familiar with what it says. However, in going through 2 3 them is the way that -- I need to be able -- 3 4 THE HEARING OFFICER: I don't see any highlighting 4 5 on them or notes that indicate that. j 5 6 MR. JAMIESON: Let mejust indicate that -- j 6 7 THE HEARING OFFICER: You are reading as much as 7 8 you are talking almost. 8 9 MR. JAMIESON: In this other notebook that I have 9 10 which I have another copy of these same things, you will 10 11 notice numerous identifications and notations. his the 11 12 same exhibit. 12 13 THE HEARING OFFICER: Keep it [roving. 13 14 MR. JAMIESON: After all of that I have forgotten 14 15 the exhibit. Let me just look at something. 15 16 Thank you. Nothing further for this witness. .i 16 17 Thank you, Detective. 17 18 MS. AI.IN: I just have a few questions., 18 19 19 20 FURTHER CROSS- EXAMINATION 20 21 BY MS. MEIN: 21 22 Q. Detective Jones, was there any particular 22 23 reason that you didn't leap out of your car and start ' 23 24 citing people for public urination, open containers or 24 25 public intoxication? 25 48 (Pages 292 to 295) Page 294 A. Well, there is a discussion of something used In law enforcement, that we can't possibly enforce every single law that Is on the books. To do so would quite frankly just clog the system. In this particular case we were trying to focus on what was going on with this particular establishment. If there was something that was life threatening or endangering, we either call somebody in to take care of it or I made arritagements earlier on to have somebody tell them, well, the surrounding areas, uniform police officers. If we let people go who look like they have got a sober person with them or whatever, there would be some officers in the area that could deal with them if it were to go anywhere further outside of my view. Q. Would it be fair to say if you had popped out of your car and started citing people, that would have compromised your status as an undercover for purposes of this investigation? A. Yes. Q. Would It be fair to say that what you wanted to see was what going on at Fury? MR. JAMIESON: Objection; leading. Obviously leading. I apologize for breaking in. These are leading questions. Would it be fair to say this, this Page 295 and this, and they say yes or no. THE HEARING OFFICER: Well, proceed with that question. BY MS. ALLAN: Q. Would it be fair to say that what you wanted to see — excuse me — was how Fury operates when Fury doesn't know that somebody is watching? MR. JAMIESON: Objection; leading. THE 14EARING OFFICER Overruled. You may answer the question. THE WITNESS: Yes. BY MS. AB.IN: Q. Mr. Jamieson asked you a number of times if on the date that you went to Fury you were there in response to complaints from members of the public. Are you the person that the public would contact if they had complaints about what is going on at Fury? A. Not typically. Q. Who would they contact? A. Usually dispatch or watch commander. MS. ARAN: I have no further questions. MR. JAMIESON: Just a couple of questions if I may. Precise Reporting Service 714- 647 -9099 ,0 FURY REVOCATION HEARING - 4/15/2008 Page 297 1 Page 296 1 1 FURTHER CROSS - EXAMINATION 1 2 BY MR. JAMIESON: 2 3 Q. Detective, whether or not you are the person 3 4 that the public contacts directly, is it correct that in 4 5 none of these — on none of these dates when you went to 5 6 Fury were you actually called to the scene by any member 6 7 of the public, correct? 7 8 A. On those specific dates, I believe that is 8 9 correct. 9 10 Q. And with respect to those observations that 10 11 you made of people that you felt were intoxicated or 11 12 publicly intoxicated or did any of the things that you 12 13 observed in your reports, is it fair to say that none of 13 14 them were intoxicated or in any way unable to either 14 15 care for themselves so that they were a danger to 15 16 themselves or others or that they had somebody else 16 17 there, the point being it wasn't that important to make 17 18 sure that they were either detained or arrested or taken 18 19 away? 19 20 MS. AILIN: Objection; vague and ambiguous, asked 20 21 and answered, relevance. 21 22 THE HEARING OFFICER: Answer the question. 22 23 Overruled. 23 24 THE WITNESS: Well, that's not a simple yes or no. 24 25 /// 25 Page 297 1 BY MR. JAMIESON: 1 2 Q. Let me ask the question simply yes or no or 2 3 at least you can answer the question. Is it more — in 3 4 your estimation from what your observations were on 4 5 these particular occasions, was it more important to try i 5 6 and find what you considered might be violations of a 6 7 conditional use permit versus taking care of someone who 7 8 you observed to be what you thought may have been overly 8 9 intoxicated? i 9 10 A. Neither were more important than the other. 10 11 MR. JAMIESON: I have nothing further. j 11 12 THE BARING OFFICER: Through with the witness? 12 13 MS. AKIN: Yes. Let's go off the record for a 13 14 moment and I will have Kristi call the next witness. 14 15 (Discussion ensued off the record.) 15 16 MS. MEIN: So we can have the court reporter swear 16 17 in the witness. 17 18 18 19 DAVID STARK, 19 20 having been first duly administered an 20 21 oath in accordance with CC? 2094, was 21 22 examined and testified as follows: 22 23 23 24 24 25 /// 25 49 (Pages 296 to 299) Page 298 EXAMINATION BY MS. AI.IN: Q. Please state and spell your name for the record. A. David Stark, last name, S- t -a -r -k Q. And, Mr. Stark, how are you employed? A. I'm employed as a detective with the Newport Beach Police Department Q. And how long have you been with Newport Beach Police Department? A. Approximately four years. Q. Were you a police officer elsewhere before that? A. Yes, I was. Q. And where were you an officer before that? A. I was a deputy sheriff at the Alameda County sheriffs office for over eight years. Q. And what is your assignment within the Newport Beach Police Department? A. Currently I'm a detective in the vice and intelligence unit. Q. And in the course of your duties have you been involved in an investigation of whether Fury has complied with its conditions of its use permit? A. Yes, I have. Page 299 Q. I would like to direct your attention to the binder in front of you and ask you to turn to Exhibit No. 26. A. All right. Q. And have you seen this document before that we have marked as Exhibit 26? A. Yes, I have. Q. Is this a report that you prepared? A. Yes, it is. Q. Was it prepared in the course and scope of your duties as a police officer? A. Yes, it was. Q. When — what is the date of the events that are reflected in this report? A. This occurred on Thursday night, October 18. Q. And when was the report prepared? A. It was prepared on the 24th, October 2411. Q. And is the report based on your observations of the events that took place on October 18th? A. Yes, it is. Q. While you were making those observations, did you take any notes? A. Yes, I did. Q. And did you prepare the report from your notes? Precise Reporting Service 714 - 647 -9099 I., ql� FURY REVOCATION HEARING - 4/15/2008 50 (Pages 300 to 303) Page 302 MS. AU N: Move Exhibit 27 into the evidence. THE HEARING OFFICER: Same objections? MR. JAMIESON: Same objections. THE HEARING OFFICER: Overruled. (City's Exhibit 27 was admitted into evidence and is bound in a separate binder.) THE HEARING OFFICER: You didn't sign this one either? THE WITNESS: Correct. THE HEARING OFFICER: You did prepare it? THE WITNESS: Yes, I did. THE FEARING OFFICER: Where is your name on it? THE WITNESS: At the bottom right initial D. Stark and the badge number. BY MS. AILIN: Q. Where it says reporting officer. There is another item that we are proposing to use as evidence in this case. We are referring to it as Exhibit 19, and it's actually not in the binder. It's a video on a disc — THE HEARING OFFICE: Okay. BY MS. AU-IN: Q. — that Kristi Parker has already testified she found on the YouTube website. Are you familiar with Page 303 that video? A. Yes, l am Q. Have you actually seen the video? A. Yes, l have. Q. Did you watch it on disc in the city attorney's office? A. Yes, I did. Q. When did you watch it? A. This morning, approximately ten o'clock, 10:30. Q. And have you been inside Fury in the course and scope of your duties as a police officer? A. Yes, I have. Q. So you are generally familiar with what Fury looks like on the inside? A. Yes, I am Q. And you have also seen Fury from the outside? A. Correct. Q. And are you familiar with what Fury look like from the outside? A. Correct. Q. Based on your familiarity with what Fury looks like outside and inside and based on having viewed the video this morning, does that video depict both the outside and the inside Fury? Precise Reporting Service 714- 647 -9099 S� Page 300: 1 A. Yes, I did. 1 2 Q. Did you retain your notes after the report was 2 3 prepared? 3 4 A. No, I did not. 4 5 Q. And next I would like to ask you to turn your 5 6 attention — well, let me move Exhibit 26 into evidence. 6 7 MR. JAMIESON: Objection; hearsay, calls for 7 8 speculation, relevance, 352. Doesn't satisfy the 8 9 provisions of Evidence Code Section 1280, lacks 9 10 foundation in that regard and otherwise. . 10 11 THE DARING OFFICER: Overruled. Will be admitted. 11 12 (Cityfs Exhibit 26 12 13 was admitted into evidence and is 13 14 bound in a separate binder.) 14 15 BY MS. All-IN: 15 16 Q. Detective Stark, next I would tike to ask you 16 17 to turn your attention to Exhibit 26 and 27 and in 17 18 particular— 18 19 THE HEARING OFFICER: Back up just one moment. I 19 20 apologize. There is no signature on this Exhibit No. 20 21 26. This is, nevertheless, the complete document that 21 22 you prepared? 22 23 THE WITNESS: Absolutely, correct 23 24 BY MS. AB.IN: 24 25 Q. Detective Stark, would you please take a look 25 Page 301 1 at Exhibit 27 and in particular starting with the sixth 1 2 page, and I guess it would just be the fifth and sixth 2 3 pages of Exhibit 27. Have you seen these two pages 3 4 before? 4 5 A. Yes,1 have. 5 6 Q. And is that a record that you prepared? 6 7 A. Yes, it is. i 7 8 Q. Was it prepared in the course and scope of 8 9 your duties as a police officer? 9 10 A. Yes, it was. 10 11 Q. On what date did the events in this report 11 12 occur? 12 13 A. It was Friday, November 2nd. 13 14 Q. And when was the report prepared? 14 15 A. On November 6th. 15 16 Q. Was the report prepared based on your 16 17 observation of certain events on November 2nd, 2007? 17 18 A. Yes, it was. 18 19 Q. Did you take notes of your observations while 19 20 you were making those observations? 20 21 A. Yes, I did. 21 22 Q. Was this report prepared from those notes? ! 22 23 A. Yes, it was.. 23 24 Q. Have you retained those notes? 24 25 A. No, I have not 25 50 (Pages 300 to 303) Page 302 MS. AU N: Move Exhibit 27 into the evidence. THE HEARING OFFICER: Same objections? MR. JAMIESON: Same objections. THE HEARING OFFICER: Overruled. (City's Exhibit 27 was admitted into evidence and is bound in a separate binder.) THE HEARING OFFICER: You didn't sign this one either? THE WITNESS: Correct. THE HEARING OFFICER: You did prepare it? THE WITNESS: Yes, I did. THE FEARING OFFICER: Where is your name on it? THE WITNESS: At the bottom right initial D. Stark and the badge number. BY MS. AILIN: Q. Where it says reporting officer. There is another item that we are proposing to use as evidence in this case. We are referring to it as Exhibit 19, and it's actually not in the binder. It's a video on a disc — THE HEARING OFFICE: Okay. BY MS. AU-IN: Q. — that Kristi Parker has already testified she found on the YouTube website. Are you familiar with Page 303 that video? A. Yes, l am Q. Have you actually seen the video? A. Yes, l have. Q. Did you watch it on disc in the city attorney's office? A. Yes, I did. Q. When did you watch it? A. This morning, approximately ten o'clock, 10:30. Q. And have you been inside Fury in the course and scope of your duties as a police officer? A. Yes, I have. Q. So you are generally familiar with what Fury looks like on the inside? A. Yes, I am Q. And you have also seen Fury from the outside? A. Correct. Q. And are you familiar with what Fury look like from the outside? A. Correct. Q. Based on your familiarity with what Fury looks like outside and inside and based on having viewed the video this morning, does that video depict both the outside and the inside Fury? Precise Reporting Service 714- 647 -9099 S� FURY REVOCATION HEARING - 4/15/2008 Page 304 Page 305! 1 A. Yes, it does. 1 2 Q. Were you present when the video was made? 2 3 A. No, I was not. 3 4 Q. Do you know when the video was made? 4 5 A. No, I do not. 5 6 Q. Were you able to infer from anything that was 6 7 said on the video approximately when the video was made? 7 8 A. Yeah, I believe they mentioned three to four 6 9 months, it had opened been opened three to four months 9 10 at the time of the interview. 10 11 Q. Do you know when Fury opened? �, 11 12 A. No, 12 13 Q. On the video there is a segment of the video 13 14 where someone identified as Brian Schillizzi is being: 14 15 interviewed. Do you know Mr. Schillizzi? i 15 16 A. Not personally, no. 16 17 Q. Have you seen pictures identified as him? 17 18 A. Yea, I have. 18 19 Q. When did you see those pictures? 19 20 A. In the course of creating, reviewing an ABC 20 21 file we often take driver's license photos and 21 22 incorporate those along with the ABC application. 1 22 23 believe I printed out his CDL photo and included the 23 24 application in the tile. 24 25 Q. And based on seeing Mr. Schillizzi's driver's 25 51 (Pages 304 to 307) Page 306 Q. Did you actually write in or type in this time of 1:08:01? It seems very specific for something you type in as opposed to something you perhaps automatically -- A. It may be automatic, correct. Q. You don't recall? A. I don't recall. Q. Now, the date of October 24 is actually the date that you sat down — did you type this out yourself? A Yes. Q. Was there ever any versions of this memo that did include a signature by you? A. I don't believe so. In fact, now we usually don't — as 1 said, the initials and the badge numbers are generally our signature or putting our stamp on it. Q. Are there initials on this Exhibit 26? A. No. Q. With respect to the boxes down below where it says "please reply" or "no reply" and a box checked no reply, was that indicating from you to Detective Jones that you need not — this did not require him to reply in any way? A. Correct. Q. Based on your facial expression right now it Page 307 sound like you are not sure exactly what you intended at that time. A. H's not that. It's just automatic. This box is always checked. This is a way of us documenting on paper what we did observe, and this was done for various file purposes. Q. The file that you brought with you today seem to include a different copy of this October 18, 2007 memo; is that true? A. It looks to be identical. Q. It does, however, have a Post -It on it with someone's handwriting? A That's correct. Q. And is that your handwriting? A. Yes. Q. May I take a look at it? A. Absolutely. Q. This document you brought with you also has some highlighting on here for a time and so forth. Is that your handwriting? A. That's correct. Q. And there is handwriting up on top. It seems to say cue/see inside. Did I read that correctly? A. That is correct. Q. Is that your handwriting? Precise Reporting Service 714 - 647 -9099 t -5 � Page 305! 1 license photos and seeing the video this morning, is it 1 2 your conclusion that the person in the video who is 2 3 identified as Brian Schillizzi is, in fact, 3 4 Brian Schillizzi? 4 5 A. Yes, it is. 5 6 MS. AILIN: I have no further questions on direct 6 7 examination for this witness. 7 8 8 9 CROSS- EXAMINATION 9 10 BY MR JAMIESON; 10 11 Q. Detective Stark, I gather you are the partner 11 12 of Detective Jones; is that right? 12 13 A. Correct. 13 14 Q. And on the particular evening that is 14 15 referenced in Exhibit 26, if I could get you to refer to 15 16 that, that being October 18, 2007. 16 17 A That is correct. 17 18 Q. Was Detective Jones with you that night? i8 19 A. No, he was not. 19 20 Q. And in fact, this was a memo purporting to be 20 21 from you to Detective Jones? 21 22 A. That is correct. 22 23 Q. Was this memo actually done at 1:08:01 p.m.? 23 24 A. I'm sure it was started at that time. That is 24 25 when I write in the time. 25 51 (Pages 304 to 307) Page 306 Q. Did you actually write in or type in this time of 1:08:01? It seems very specific for something you type in as opposed to something you perhaps automatically -- A. It may be automatic, correct. Q. You don't recall? A. I don't recall. Q. Now, the date of October 24 is actually the date that you sat down — did you type this out yourself? A Yes. Q. Was there ever any versions of this memo that did include a signature by you? A. I don't believe so. In fact, now we usually don't — as 1 said, the initials and the badge numbers are generally our signature or putting our stamp on it. Q. Are there initials on this Exhibit 26? A. No. Q. With respect to the boxes down below where it says "please reply" or "no reply" and a box checked no reply, was that indicating from you to Detective Jones that you need not — this did not require him to reply in any way? A. Correct. Q. Based on your facial expression right now it Page 307 sound like you are not sure exactly what you intended at that time. A. H's not that. It's just automatic. This box is always checked. This is a way of us documenting on paper what we did observe, and this was done for various file purposes. Q. The file that you brought with you today seem to include a different copy of this October 18, 2007 memo; is that true? A. It looks to be identical. Q. It does, however, have a Post -It on it with someone's handwriting? A That's correct. Q. And is that your handwriting? A. Yes. Q. May I take a look at it? A. Absolutely. Q. This document you brought with you also has some highlighting on here for a time and so forth. Is that your handwriting? A. That's correct. Q. And there is handwriting up on top. It seems to say cue/see inside. Did I read that correctly? A. That is correct. Q. Is that your handwriting? Precise Reporting Service 714 - 647 -9099 t -5 � FURY REVOCATION HEARING - 4/15/2008 Da keayt:�§ .3ua t-u �11e Page 310 A. I don't recall. Q. Do you remember reading it before you actually went there on October 18, 2007? A. Yes, I did. Q. And did you ever go to Fury before October I& 2007? A. I have not — no, I had not been Inside prior to that Q. When you went thereon October 18, 2007, did you go to Fury as a result of someone at the premises calling you to go there, in other words, a call for service and you responded? A. No, this was not in response to a call for service. Q. Your visit there was because your sergeant asked you to go take a look? A. I don't believe — I don't recall exactly who. In fact, I don't believe —1 think it was more of an undercover kind of investigation into a club on this night regarding narcotics. If anything, this is one of the evenings we were checking out narcotics activity. Q. Did you do that for a number of locations — strike that Do you commonly as a matter of practice in your job as vice detective perform undercover Page 311 observations of the various on sale alcohol establishments in the City of Newport Beach? A. Yes. Q. And approximately how often do you try and visit these on sale establishments? A It usually — well, I don't want to get into 14 but it's often informant driven and just kind of what's up at the time, if we have time, if either informant information, specific informant information, and specifically working vice and intell, usually it's with the narcotics detectives. If we are going in for narcotics related purposes, it's generally the narcotics guys that take the primary lead in this. I'll just have plain clothes and go in with them, but if it's more alcohol condition violations, that's when I take the lead and it's more my investigation. You asked who lead the investigation? Q. Actually I was. Actually I was trying to figure out why you went there in the first place. A. Sure. Q. I think you have adequately answered it. You were there that night on October 18 from about nine o'clock and] about 12:40 in the morning; is that right? A. Uh -huh. Q. Is that "yes "? Precise Reporting Service 714 - 647 -9099 1,9- Page 308 1 A. Yes, it is. 1 2 Q. What does that mean? 2 3 A. Ws just a quick visual cue for me to recall 3 4 that it was an undercover inside versus observations 4 5 made from the parking lot. 5 6 Q. I see. And when did you write that in? 6 7 A. This morning. 7 8 Q. And that is after you read this memo to 8 9 refresh your recollection? 9 10 A. Correct 10 11 Q. The handwriting on the Post -it is yours, and 11 12 when did you fill that out? 12 13 A. Probably a month, month and a half ago while 13 14 we were preparing for the initial scheduled hearing for 14 15 Fury. 15 16 Q. Thank you. 16 17 Now, I've got a couple of questions about what 17 18 you did write in here. You indicate in this memo that 18 19 you arrived shortly after 2100 hour. That's about nine 19 20 o'clock p.m., right? 20 21 A. Correct 21 22 Q. And it was only about one-quarter full at that 22 23 time, and you were advised that you were able to order a 23 24 full menu until 2200 hours and then just sushi after 24 25 that; is that correct? 25 Page 309 1 A. That's right. 1 2 Q. By the way, in general do you eat sushi? Is 2 3 that something that you consider to be a food that you 3 4 would -- 4 5 MS. AILIN: Objection; relevance. 5 6 MR. JAMIESON: fm trying to find out -- we're 6 7 talking about full menu and food service, so I think 7 8 sushi is food service. 8 9 THE HEARING OFFICER: For these purposes aren't 9 10 relevant. 10 11 BY MR. JAMIESON: 11 12 Q. Is sushi food service in your estimation? 12 13 MS. AILIN: Objection; relevance, calls for art 13 14 expert conclusion, no foundation. 14 15 MR- JAMIESON: An expert in sushi? I will move on. 15 16 Q. Detective Stark, prior to going to Fury at any 16 17 point in time, did you ever read the conditions of the 17 18 use permit for which you were investigating this 18 19 location? 19 20 A. Yes, I did. 20 21 Q. And when did you first read the conditional 21 22 use permit? 22 23 A. I don't recall. 23 24 Q. And when is the last time you read the 24 25 conditional use permit? 25 Da keayt:�§ .3ua t-u �11e Page 310 A. I don't recall. Q. Do you remember reading it before you actually went there on October 18, 2007? A. Yes, I did. Q. And did you ever go to Fury before October I& 2007? A. I have not — no, I had not been Inside prior to that Q. When you went thereon October 18, 2007, did you go to Fury as a result of someone at the premises calling you to go there, in other words, a call for service and you responded? A. No, this was not in response to a call for service. Q. Your visit there was because your sergeant asked you to go take a look? A. I don't believe — I don't recall exactly who. In fact, I don't believe —1 think it was more of an undercover kind of investigation into a club on this night regarding narcotics. If anything, this is one of the evenings we were checking out narcotics activity. Q. Did you do that for a number of locations — strike that Do you commonly as a matter of practice in your job as vice detective perform undercover Page 311 observations of the various on sale alcohol establishments in the City of Newport Beach? A. Yes. Q. And approximately how often do you try and visit these on sale establishments? A It usually — well, I don't want to get into 14 but it's often informant driven and just kind of what's up at the time, if we have time, if either informant information, specific informant information, and specifically working vice and intell, usually it's with the narcotics detectives. If we are going in for narcotics related purposes, it's generally the narcotics guys that take the primary lead in this. I'll just have plain clothes and go in with them, but if it's more alcohol condition violations, that's when I take the lead and it's more my investigation. You asked who lead the investigation? Q. Actually I was. Actually I was trying to figure out why you went there in the first place. A. Sure. Q. I think you have adequately answered it. You were there that night on October 18 from about nine o'clock and] about 12:40 in the morning; is that right? A. Uh -huh. Q. Is that "yes "? Precise Reporting Service 714 - 647 -9099 1,9- FURY REVOCATION HEARING - 4/15/2008 73 tYCyt- -.:i .31L LV 317) Page 314 were you always outside the business? A. You mean did I go inside the business? Q. Did you go inside the business? A. No, l did not. Q. You were always outside the business? A. Correct. Q. You were always in the parking lot somewhere? A. Correct Q. Were you in a car by yourself? A. Yes. Q. And also at that time you were aware of that Detective Stark was — I'm sorry — that Detective — I have forgotten his name. A. Jones. Q. Detective Jones was in a car by himself? A. Correct. Q. Where was your car located that night? A. My car was in the row closest to MacArthur Boulevard approximately 25 yards away from the edge of the Q. Q. And that would be the building at the very opposite end of that parking lot? A. That is correct. Q. And was that business open and operating during the time that you were there? Page 315 A. Yes, it was. Q. And is there also a third business on that parking lot? A Correct. Q. And that place was called Snagar at the time, correct? A. Yes. Q. Now, Detective, I notice you are looking at your report with regard to November 2nd so these things that you are telling me, do you remember them from your own independent recollection or are you just telling me what is stated in your report? A. A little bit of both. I just wanted to make sure exactly where I was parked and many other things. I'm sure some minor details I will refer to my report. Q. May I take a look at your report? A. Absolutely. Q. Also on this report you have highlighted some items. These are all in your highlighting, correct? A. Correct. Q. And your report nowhere bears your signature? A Not the signature, correct. Q. And it does have a Post4t on it, and the Post -it reflects your notes that you have written in? A. Correct. Precise Reporting Service 714- 647 -9099 ) ,63 Page 312 1 A. Yes. 1 2 Q. And during that time there were menus 2 3 available and food service was available although your 3 4 report reflects that you didn't see anyone eating at 4 5 about midnight; is that right? 5 6 A. Let's see. 6 7 Q. Third paragraph. 7 8 A. That's right. a 9 Q. And this happened to be a pretty quiet night. ! 9 10 Would that be a fair estimation? 10 11 A. Quiet is noway to describe that. 11 12 Q. For that particular night? 12 13 A. 1 would say maybe slow or not to full 13 14 occupancy. You couldn't talk without having to yell in 14 15 someone's ear, so it was certainly not quiet. If you 15 16 are talking about just business, I guess it was j 16 17 moderate. You could walk around without having to elbow 17 18 your way around. ! 18 19 Q. Certainly you said that at the beginning it 19 20 was a quarter full, and at the end it never approached 20 21 capacity? 21 22 A. Correct. 22 23 Q. And — well, that's fine. ! 23 24 With respect to —with respect to what you 24 25 did observe there that night, you didn't issue any 25 73 tYCyt- -.:i .31L LV 317) Page 314 were you always outside the business? A. You mean did I go inside the business? Q. Did you go inside the business? A. No, l did not. Q. You were always outside the business? A. Correct. Q. You were always in the parking lot somewhere? A. Correct Q. Were you in a car by yourself? A. Yes. Q. And also at that time you were aware of that Detective Stark was — I'm sorry — that Detective — I have forgotten his name. A. Jones. Q. Detective Jones was in a car by himself? A. Correct. Q. Where was your car located that night? A. My car was in the row closest to MacArthur Boulevard approximately 25 yards away from the edge of the Q. Q. And that would be the building at the very opposite end of that parking lot? A. That is correct. Q. And was that business open and operating during the time that you were there? Page 315 A. Yes, it was. Q. And is there also a third business on that parking lot? A Correct. Q. And that place was called Snagar at the time, correct? A. Yes. Q. Now, Detective, I notice you are looking at your report with regard to November 2nd so these things that you are telling me, do you remember them from your own independent recollection or are you just telling me what is stated in your report? A. A little bit of both. I just wanted to make sure exactly where I was parked and many other things. I'm sure some minor details I will refer to my report. Q. May I take a look at your report? A. Absolutely. Q. Also on this report you have highlighted some items. These are all in your highlighting, correct? A. Correct. Q. And your report nowhere bears your signature? A Not the signature, correct. Q. And it does have a Post4t on it, and the Post -it reflects your notes that you have written in? A. Correct. Precise Reporting Service 714- 647 -9099 ) ,63 Page 313; 1 citations, didn't arrest anybody, didn't detain anybody? 1 2 A. Correct. 2 3 Q. And during the time that you were there — 3 4 part of your duties as a vice officer is you are trained 4 5 and you are able to observe violations of the Alcohol 5 6 and Beverage Control Act? 6 7 A. Correct. 7 8 Q. And you didn't cite anybody or arrest anybody 8 9 for that? 9 10 A. That's correct. 10 11 Q. You didn't cite Fury for anything that you 11 12 observed that night? 12 13 A. True. 13 14 Q. And there is nothing indicated on this report 14 15 where you indicate that you have observed any minors or 15 16 any obviously intoxicated persons or anything like that, 16 17 true? 17 18 A None to what you just said, correct, I did not 18 19 observe what you just said. 19 20 Q. Now, the next time that you went to the site, 20 21 the Fury, was that — was that about two or three weeks 21 22 later? 22 23 A. I take it it was November 2nd. It was a 23 24 Friday night 24 25 Q. And on that particular night on November tad, 25 73 tYCyt- -.:i .31L LV 317) Page 314 were you always outside the business? A. You mean did I go inside the business? Q. Did you go inside the business? A. No, l did not. Q. You were always outside the business? A. Correct. Q. You were always in the parking lot somewhere? A. Correct Q. Were you in a car by yourself? A. Yes. Q. And also at that time you were aware of that Detective Stark was — I'm sorry — that Detective — I have forgotten his name. A. Jones. Q. Detective Jones was in a car by himself? A. Correct. Q. Where was your car located that night? A. My car was in the row closest to MacArthur Boulevard approximately 25 yards away from the edge of the Q. Q. And that would be the building at the very opposite end of that parking lot? A. That is correct. Q. And was that business open and operating during the time that you were there? Page 315 A. Yes, it was. Q. And is there also a third business on that parking lot? A Correct. Q. And that place was called Snagar at the time, correct? A. Yes. Q. Now, Detective, I notice you are looking at your report with regard to November 2nd so these things that you are telling me, do you remember them from your own independent recollection or are you just telling me what is stated in your report? A. A little bit of both. I just wanted to make sure exactly where I was parked and many other things. I'm sure some minor details I will refer to my report. Q. May I take a look at your report? A. Absolutely. Q. Also on this report you have highlighted some items. These are all in your highlighting, correct? A. Correct. Q. And your report nowhere bears your signature? A Not the signature, correct. Q. And it does have a Post4t on it, and the Post -it reflects your notes that you have written in? A. Correct. Precise Reporting Service 714- 647 -9099 ) ,63 FURY REVOCATION HEARING - 4/15/2008 54 (Pages 316 to 319) Page 318 A. Right, the smoking patio door which remained opened (indicating). Q. So as far as the smoking patio door, that door faces MacArthur Boulevard, right? A. Kind of kitty - corner. Kind of faces me, kind of half to me in the parking lot and half to MacArthur, if that makes sense. Q. Well, the door coming from the inside of Fury to the smoking patio, if one were to look at that door and if the door was on a plane, is the plane of that door paralegal to MacArthur? A. To the best of my memory, the front door is facing directly toward me In the parking lot. Directly toward MacArthur would be this way. I believe the door is kind of a 45- degree angle right in the middle. Q. Now, let me direct your attention —you can put that down. I'm done with that. Let me direct your attention to what we have identified as Exhibit 19 and the video that was referenced. You have already testified you weren't present when it was made, and you are not sure when it was made other than a reference that was made in the video that the place had been open three to four months. You don't Avow what date the events depicted in the video actually took place, correct? Page 319 A. Correll. Q. You don't know what time of the day those events took place, correct? A. It was the nighttime, though. Q. And you believe it was nighttime because the events depicted there were in the dark? A. Correct. Q. We don't know whether that is early in the evening or late in the evening, correct? A. Correct. Q. And you have mentioned your observations of Mr. Schillizzi, and you referenced the ABC file. Are you talking about files that you as a vice oncer were responsible for in some way directly or indirectly when the application was made to the Department of Alcohol and Beverage Control for the ABC license initially before this place opened up? A. I'm kind of confused. The main application, the main information for the ABC application, I think it was forwarded to us when we created the files on the CDL picture, created it Q. And what I'm asking, then, is assuming it opened up in June, I don't know when the ABC license was actually issued, but it was sometime before that the application was made and they put up a posting and all Precise Reporting Service 714 - 647 -9099 1'5 � Page 3161 1 Q. And you wrote those in today for purposes of 1 2 your testimony? 2 3 A. No, I believe that was, again, prior to the 3 4 first scheduled Fury hearing approximately a month, 4 5 month and a half ago. 5 6 Q. But it was not done at the time that— 6 7 A. Correct, those reflect notes from the actual 7 8 report. a 9 Q. Now, November 2nd, 2007 when you visited Fury, 9 10 you issued no citations, made no arrests and made no 10 11 detentions; is that true? 11 12 A That is correct. 12 13 Q. And the report that has been provided here, 13 14 the two pages in Exhibit 27, do not reflect — I will 14 15 withdraw. 15 16 On that particular night, November 2nd, you 16 17 were there from approximately nine o'clock or 9:10 until 17 18 two o'clock in the morning, right? 18 19 A. Correct. 19 20 Q The reference that you make on the first page 20 21 of your report at the very bottom about a sick female, 21 22 it does not — your report, that is, does not reflect 22 23 that the female was sick as a result of any alcohol, 23 24 true? 24 25 A. That is correct. 25 Page 317 1 Q. It also does not reflect that the female was 1 2 sick as a result of food poisoning? 2 3 A. That's correct. 3 4 Q. And you don't know why she was sick? 4 5 A. That's correct. 5 6 Q. Now, on the same page about the third 6 7 paragraph — strike that. 7 8 The second paragraph on the first page, you 8 9 indicated about ten o'clock you walked through the 9 10 parking lot, noted several security patrons loitering in 10 11 the lot. The smoking patio was about half full. You 11 12 said that "I could hear noise from patrons talking but 12 13 no music." So from your position in the parking lot, 13 14 wherever you were -- wherever you walked, you didn't 14 15 hear any music where you were located, true? 15 16 A Correct. 16 17 Q. And then at about closer to eleven o'clock you 17 18 indicate that you did hear loud music coming from inside 1 18 19 Fury whenever the front door was open, right? 19 20 A. Well, front door and smoking patio door. 20 21 Q. Whatever door opened you could hear music? 21 22 A Yeah, I don't know if I noted that they 22 23 remained open or not. 23 24 Q. Your report doesn't reflect that they remained 24 25 open, right? 25 54 (Pages 316 to 319) Page 318 A. Right, the smoking patio door which remained opened (indicating). Q. So as far as the smoking patio door, that door faces MacArthur Boulevard, right? A. Kind of kitty - corner. Kind of faces me, kind of half to me in the parking lot and half to MacArthur, if that makes sense. Q. Well, the door coming from the inside of Fury to the smoking patio, if one were to look at that door and if the door was on a plane, is the plane of that door paralegal to MacArthur? A. To the best of my memory, the front door is facing directly toward me In the parking lot. Directly toward MacArthur would be this way. I believe the door is kind of a 45- degree angle right in the middle. Q. Now, let me direct your attention —you can put that down. I'm done with that. Let me direct your attention to what we have identified as Exhibit 19 and the video that was referenced. You have already testified you weren't present when it was made, and you are not sure when it was made other than a reference that was made in the video that the place had been open three to four months. You don't Avow what date the events depicted in the video actually took place, correct? Page 319 A. Correll. Q. You don't know what time of the day those events took place, correct? A. It was the nighttime, though. Q. And you believe it was nighttime because the events depicted there were in the dark? A. Correct. Q. We don't know whether that is early in the evening or late in the evening, correct? A. Correct. Q. And you have mentioned your observations of Mr. Schillizzi, and you referenced the ABC file. Are you talking about files that you as a vice oncer were responsible for in some way directly or indirectly when the application was made to the Department of Alcohol and Beverage Control for the ABC license initially before this place opened up? A. I'm kind of confused. The main application, the main information for the ABC application, I think it was forwarded to us when we created the files on the CDL picture, created it Q. And what I'm asking, then, is assuming it opened up in June, I don't know when the ABC license was actually issued, but it was sometime before that the application was made and they put up a posting and all Precise Reporting Service 714 - 647 -9099 1'5 � FURY REVOCATION HEARING - 4/15/2008 55 (Pages 320 to 323) Page 322 this location or interpret the ABC Act in any way that is meaningful or relevant for purposes of this proceeding and 352. THE HEARING OFFICER: Are you seeking a legal determination by him -- MS. AILIN: I'm not — THE HEARING OFFICER: -- or are youjust asking what his impression of the two places were? If he was required to just respond to the question, which is it without reference to legal defrrition? MS. AILIN: In spite of the questions about training, what I'm really looking for is sort of a lay person's impression of whether something is a restaurant or a bar. THE HEARING OFFICER I think he can answer the question requested. MR. JAMIESON: I'm going to make an objection. It's irrelevant to the extent of what a lay person would think. We have got definitions of such a thing in the ABC. We have got definitions in the Municipal Code. Those are legal conclusions to be applied based on what the facts are in this proceeding, and I think it's irrelevant, 352, prejudicial or probative and lacks foundation. THE HEARING OFFICER: So he can answer the Page 323 question. MR. JAMIESON: Thank you. But it's not my choice. THE WITNESS: You said is it a bar or a restaurant I would say it's a club. BY MS. AIIJN: Q. And in your mind what's the difference between a restaurant, a bar and a club? MR. JAMIESON: Same objections. THE HEARING OFFICER: That's enough. You have got -- you have made a point. Do you have questions? MS. AILIN: No further questions. THE HEARING OFFICER: I have a couple of questions, but I want to preface it by asking you whether you have other people that are going to testify regarding the video? MS. AILIN: I have one other person who is going to testify regarding the video. THE HEARING OFFICER: Okay. Detective Stark, what -- how many times, approximately, have you been inside of Fury? THE WITNESS: Once. THE HEARING OFFICER: What color is the upholstery and what is the predominant color in there? THE WITNESS: God, its kind of like a reddish Precise Reporting Service 714 - 647 -9099 -55 Page 320 1 that. Are you saying that when you got the CDL and the 1 2 application itself was back at that time zone? 2 3 A. Correct. 3 4 Q. And by the way, when you got the ABC j 4 5 application and you pulled the CDL and you saw the 5 6 picture and put together that file, did you do any 6 7 initial investigation of the people involved at that 7 8 time? 8 9 A. It's hard to recall. A lot of times I think I 9 10 might have checked to see if they might be an owner 10 11 connected with other locations in town. Most likely 11 12 some kind of brief, cursory like getting the CDL photo, 12 13 checking out their website, if they claimed on their 13 14 application, hey, I used to work at this restaurant, 14 15 might look at that and see what kind of restaurant it 15 16 is. 16 17 Q. You don't remember for sure? 17 18 A. Exactly, I don't remember. 18 19 Q. Just what you would normally do? Is that what 19 20 you would normally do? 20 21 A. In effect I think he might have had some 21 22 connection with the Temptations. I think I might have 22 23 checked with them to verify that 23 24 MR, JAMIESON: Nothing further. 24 25 /// 25 -------- --- ----- -Page 321 ! 1 FURTHER DIRECT EXAMINATION 1 2 BY MS. AILIN: 2 3 Q. Just a couple of questions. Detective Stark, 3 4 in connection with your work related to ABC licensees, 4 5 have you had any specific training? 5 6 A. On- the -job training, consultations and 6 7 specific assisting clients of ABC, no formal classroom 7 8 training. 8 9 Q. Has your training familiarized you with 9 10 abbreviations used in connection with alcohol and 10 11 beverage control proceedings? 11 12 A. I'm sure 1 picked up many of them I'm sure 12 13 not all of them ! 13 14 Q. Does the phrase "bona fide public eating 14 15 place" mean anything to you? 15 16 A. Generally, yes. 16 17 Q. Based on your understanding, based on your 17 le observations at Fury, would you characterize Fury as a 18 19 restaurant or a bar? 19 20 MR. JAMIESON: Objection; lacks foundation, calls 20 21 for speculation, calls for a legal conclusion. There is 21 22 no foundation stated for providing such a legal 22 23 conclusion. Observations that Detective Stark has had 23 24 with respect to what he testified here doesn't provide 24 25 him the ability to make that statement in general as to 2S 55 (Pages 320 to 323) Page 322 this location or interpret the ABC Act in any way that is meaningful or relevant for purposes of this proceeding and 352. THE HEARING OFFICER: Are you seeking a legal determination by him -- MS. AILIN: I'm not — THE HEARING OFFICER: -- or are youjust asking what his impression of the two places were? If he was required to just respond to the question, which is it without reference to legal defrrition? MS. AILIN: In spite of the questions about training, what I'm really looking for is sort of a lay person's impression of whether something is a restaurant or a bar. THE HEARING OFFICER I think he can answer the question requested. MR. JAMIESON: I'm going to make an objection. It's irrelevant to the extent of what a lay person would think. We have got definitions of such a thing in the ABC. We have got definitions in the Municipal Code. Those are legal conclusions to be applied based on what the facts are in this proceeding, and I think it's irrelevant, 352, prejudicial or probative and lacks foundation. THE HEARING OFFICER: So he can answer the Page 323 question. MR. JAMIESON: Thank you. But it's not my choice. THE WITNESS: You said is it a bar or a restaurant I would say it's a club. BY MS. AIIJN: Q. And in your mind what's the difference between a restaurant, a bar and a club? MR. JAMIESON: Same objections. THE HEARING OFFICER: That's enough. You have got -- you have made a point. Do you have questions? MS. AILIN: No further questions. THE HEARING OFFICER: I have a couple of questions, but I want to preface it by asking you whether you have other people that are going to testify regarding the video? MS. AILIN: I have one other person who is going to testify regarding the video. THE HEARING OFFICER: Okay. Detective Stark, what -- how many times, approximately, have you been inside of Fury? THE WITNESS: Once. THE HEARING OFFICER: What color is the upholstery and what is the predominant color in there? THE WITNESS: God, its kind of like a reddish Precise Reporting Service 714 - 647 -9099 -55 FURY REVOCATION HEARING - 4/15/2008 5b IYa.C_J.eu3 3GY LU 3L / J Page 326 Q. And within Exhibit 31 on the seventh and eighth pages — and I guess the eighth and ninth pages, they are the last three in that exhibit. A. Okay. Q. Do you see those? A. Yes. Q. And have you seen those pages before? A. Yes. Q. Is this a report that you prepared? A. Yes. Q. Was this report prepared in the course and scope of your duties as a police officer? A. Yes. Q. What is the date of the events that are described in this report? A. January 31st, 2008. Q. And when was the report prepared? A. On February 1st, 2008. Q. Did you make any notes of the events that occurred on January 1st other than this report? A. Yes. Q. Did you prepare this report from those notes? A. Yes. Q. Do you still have those notes? A. No. Page 327 Q. And is this report based on your observation of the events that occurred on January 31, 2808? A. Yes. MS. AI,[N: Move these pages of Exhibit 31 into evidence. MR. JAMIESON: Objection; same bases. THE HEARING OFFICER: Overruled. MR. JAMIESON: Same basis. THE HEARING OFFICER: Same bases for the objection? MR. JAMIESON: Same bases for the objection for the other documents. BY MS. AILIN: Q. Detective Hayward, there is a video recording that we are essentially going to be using as an exhibit in this hearing. We have marked it for identification as Exhibit 19. It's a video that Kristi Parker obtained off the YouTube website. Have you seen that video? A. I have. Q. When did you see It? A. Most recently, I viewed it this morning. Q. And have you been inside Fury? A. 1 have. Q. And you have also seen the outside of Fury? A. Yes. Q. Based on your observations of the inside and Precise Reporting Service 714- 647 -9099 I,5(.e Page 324) 1 orange or black -- it's really black -- 1 was watching 1 2 the video, and I pointed out maybe five or sic specific 2 3 features that -- specified -- 3 4 THE HEARING OFFICER: Well, forgetting the video, 4 5 what I'm trying to understand is -- whether you can 5 6 identify or whether you can say with certainty that the 6 7 video you viewed is the same place you viewed when you 7 8 went inside the Fury? 8 9 THE WITNESS: Absolute certainty that that is the 9 10 place. 10 11 THE HEARING OFFICER: Despite the fact you have 11 12 only been in there once? 12 13 THE WITNESS: Correct. 13 14 THE HEARING OFFICER: Thank you. 14 15 I'm sorry, yes? 15 16 MS. AHdN: Thank you. 16 17 THE WITNESS: You set a precedent with my partner. 17 is THE REPORTER: Are we off the record? 18 19 MS. AILIN: We will go off the record for a minute. ! 19 20 (Discussion ensued off the record.) 20 21 A. Narcotics. 21 22 ELIJAH HAYWARD, 22 23 having been first duly administered an 23 24 oath in accordance with CCP 2094, was 24 25 examined and testified as follows: 25 5b IYa.C_J.eu3 3GY LU 3L / J Page 326 Q. And within Exhibit 31 on the seventh and eighth pages — and I guess the eighth and ninth pages, they are the last three in that exhibit. A. Okay. Q. Do you see those? A. Yes. Q. And have you seen those pages before? A. Yes. Q. Is this a report that you prepared? A. Yes. Q. Was this report prepared in the course and scope of your duties as a police officer? A. Yes. Q. What is the date of the events that are described in this report? A. January 31st, 2008. Q. And when was the report prepared? A. On February 1st, 2008. Q. Did you make any notes of the events that occurred on January 1st other than this report? A. Yes. Q. Did you prepare this report from those notes? A. Yes. Q. Do you still have those notes? A. No. Page 327 Q. And is this report based on your observation of the events that occurred on January 31, 2808? A. Yes. MS. AI,[N: Move these pages of Exhibit 31 into evidence. MR. JAMIESON: Objection; same bases. THE HEARING OFFICER: Overruled. MR. JAMIESON: Same basis. THE HEARING OFFICER: Same bases for the objection? MR. JAMIESON: Same bases for the objection for the other documents. BY MS. AILIN: Q. Detective Hayward, there is a video recording that we are essentially going to be using as an exhibit in this hearing. We have marked it for identification as Exhibit 19. It's a video that Kristi Parker obtained off the YouTube website. Have you seen that video? A. I have. Q. When did you see It? A. Most recently, I viewed it this morning. Q. And have you been inside Fury? A. 1 have. Q. And you have also seen the outside of Fury? A. Yes. Q. Based on your observations of the inside and Precise Reporting Service 714- 647 -9099 I,5(.e Page 325 1 EXAMINATION 1 2 BY MS. AILIN: 2 3 Q. Thank you. Would you please state and spell 3 4 your name for the record? 4 5 A. Elijah Hayward. First name is Erl- i- j -a -b. 5 6 Last name is H- a- y- w -a -rd. 6 7 Q. Thank you. Detective Hayward, how are you 7 8 employed? 8 9 A. I'm employed as a police officer for the City 9 10 of Newport Beach. 10 11 Q. And how long have you been a police officer 11 12 for Newport Beach? 12 13 A. About three and a half years. 13 14 Q. And were you a police officer elsewhere before 14 15 that? 1s 16 A. No. 16 17 Q. Are you assigned to a particular unit within 17 18 the Newport Beach Police Department? 18 19 A. Yes. 19 20 Q. Which unit are you assigned to? 20 21 A. Narcotics. 21 22 Q. I'd like to direct your attention to the 22 23 binder in front of you and in particular to Exhibit 31 23 24 within that binder. 24 25 A. Okay. 25 5b IYa.C_J.eu3 3GY LU 3L / J Page 326 Q. And within Exhibit 31 on the seventh and eighth pages — and I guess the eighth and ninth pages, they are the last three in that exhibit. A. Okay. Q. Do you see those? A. Yes. Q. And have you seen those pages before? A. Yes. Q. Is this a report that you prepared? A. Yes. Q. Was this report prepared in the course and scope of your duties as a police officer? A. Yes. Q. What is the date of the events that are described in this report? A. January 31st, 2008. Q. And when was the report prepared? A. On February 1st, 2008. Q. Did you make any notes of the events that occurred on January 1st other than this report? A. Yes. Q. Did you prepare this report from those notes? A. Yes. Q. Do you still have those notes? A. No. Page 327 Q. And is this report based on your observation of the events that occurred on January 31, 2808? A. Yes. MS. AI,[N: Move these pages of Exhibit 31 into evidence. MR. JAMIESON: Objection; same bases. THE HEARING OFFICER: Overruled. MR. JAMIESON: Same basis. THE HEARING OFFICER: Same bases for the objection? MR. JAMIESON: Same bases for the objection for the other documents. BY MS. AILIN: Q. Detective Hayward, there is a video recording that we are essentially going to be using as an exhibit in this hearing. We have marked it for identification as Exhibit 19. It's a video that Kristi Parker obtained off the YouTube website. Have you seen that video? A. I have. Q. When did you see It? A. Most recently, I viewed it this morning. Q. And have you been inside Fury? A. 1 have. Q. And you have also seen the outside of Fury? A. Yes. Q. Based on your observations of the inside and Precise Reporting Service 714- 647 -9099 I,5(.e FURY REVOCATION HEARING - 4/15/2008 Page 329 1 Page 326 a 1 1 outside of Fury and the video that you looked this 1 2 morning, does the video depict events that occurred at 2 3 Fury? 3 4 A. Yes. 4 5 Q. Were you present when the video was made? ! 5 6 A. Not that I'm aware of. 6 7 Q. Do you know when the video was made? 7 8 A. Not off the top of my head I don't. e 9 Q. Was there anything in the video that gave some 9 10 indication of when the video was made? ! 10 11 A. Yeah, the person who was narrating it I'm sure 11 12 said the dale at one point or another, I believe. I'm 12 13 not sure. 13 14 Q. How many times have you been inside Fury? 14 15 A. Three times — or two times. ! 15 16 Q. Once on the date that's reflected in Exhibit 16 17 31, January 31 — 17 18 A. Yes. 18 19 Q. -- 2008. 19 20 Was the other time before that or after that? 20 21 A. After. 21 22 Q. And both times were when Fury was open for j 22 23 business? 23 24 A. Yes. 24 25 Q. Do you — I'm sort of borrowing from a 25 Page 329 1 question that the hearing officer asked another witness 1 2 about the video. Can you describe generally the color 2 3 scheme inside the Fury? 3 4 A. Well, when I've been inside, it's been pretty 4 5 dark, so — no, I — off the top of my head I wouldn't 5 6 know what the color scheme was. 6 7 Q. Would you characterize Fury based on your j 7 8 observations as a restaurant, a bar or a nightclub? 8 9 MR. JAMIESON: Objection; lacks foundation, calls 9 10 for a legal conclusion, speculation and all the rest of 10 11 the objections that I made with the previous questions i i 12 after that. 12 13 THE HEARING OFFICER: Well, I'm going to overrule 13 14 the objection. The officer can answer the question. 14 15 THE WITNESS: Probably a nightclub. is 16 MS. AILIN: I have no further questions at this 16 17 tirne. 17 18 18 19 CROSS - EXAMINATION 19 20 BY MR. JAMIESON: 20 21 Q. Detective, I have a few questions, and I'm 21 22 sorry. It's Detective, right? 22 23 A. Yes. 23 24 Q. Detective Hayward, I have a couple of ! 24 25 questions. First of all, the time when you visited Fury 25 57 (Pages 328 to 331) Page 330 that was not January 31, 2008, did you say that was after January 31? A. Yes. Q. And who were you with at that time? A. I was with Detective Joe, Detective Damn Joe. Q. The same detective you were with on the night of January 31? A. Yes. Q. Did you bring in your copy of the report that you did for January 31? A. Actually, Detective Joe prepared the report, but I do have a copy of it. Q. The report that I'm looking at shows the reporting officer at the bottom as Hayward, but you did not prepare this report? A. No, I prepared this one, but the next time that we went together Detective Joe prepared the report. Q. Oh, I see. Okay. And is it correct that Exhibit 31, which is your report, does not reflect your signature anywhere? A. Yes. Q. On January 21st, 2008 at 2130 hours when you and Detective Joe arrived at Fury, did you arrive there as a result of a call for service by a member of the Page 331 public or somebody at Fury — A. No. Q. — that was not in Newport Beach? A. No. Q. And you had phoned in your dinner reservation j for 2100 hours? A. Yes. Q. And whoever answered the phone when you called into Fury accepted your dinner reservation for 2100 hours? A. Yes. Q. When you arrived there, did you actually get' seated someplace and order dinner? A. Yes. '.. Q. And did you utilize the menu that was handed to you at the time? A. Yes. Q. Would you characterize the menu as being a fairly extensive menu? MS. All-IN: Objection; vague and ambiguous. THE ]-TEARING OFFICER: Overruled. BY MR. JAMIESON: Q. Did it have a lot of food items on it? A. Yes. Q. Did you ever walk through the place and we Precise Reporting Service 714- 647 -9099 ) -61 FURY REVOCATION HEARING - 4/15/2008 58 (Pages 332 to 335) Page 334 A. I did not. Q. Prior to going thereon January 31st, did you look at the live entertainment permit for Fury? A. No. Q. Prior to going thereon January 31st, did you look at the cafe dance permit? A. Na Q. Are you aware that those permits existed for the Fury operation? A. Yes. Q. And when you drafted your report of your observations and you reflected that at 2300 hours there was indeed five entertainment, did you write that down because you considered that to be an issue in your investigation and observation of this location? A. Yes. Q. Is it your understanding that the occupancy load for that location was approximately 297? A. Yes. Q. So when you Identified in your report that at eleven o'clock there were about 250 patrons, that is certainly not exceeding the capacity, correct? A. Correct Q. When you identified that observation in your report, you felt that was a good thing, did you not? Page 335 A. It was just an observation. Q. But you write down observations that you feel are important for the purpose for which you are there, right? A. I put — I mean, all of my observations whether I felt were good or bad or irrelevant. Q. Well, the point is you were there up until — well, what time did you leave there? A. I believe after miduigh4 a little after midnight. Q. So during the time that you were there, for that couple of hours I guess, maybe three hours, you wrote down those things that you felt were relevant for the purpose for which you were there? A. Sure. Q. And based on your training and education as a police officer what you thought was important and relevant, true? A. True. Q. Now, at midnight you were provided a menu which had around ten food items, but it was two pages shorter than the dinner menu you were given at 11:30 — strike that — at 9:30; is that right? A. Yes. Q. But the items on this shorter menu that you Precise Reporting Service 714 - 647 -9099 `, 5 Page 332 1 the kitchen area? 1 2 A. Yes. 2 3 Q. And did you notice the size of the kitchen 3 4 area? 4 5 A. Yes. 5 6 Q. And is it fair to say that the kitchen area in 6 7 the premises is probably approximately a third of the 7 8 entire building? 6 9 MS. AILIN: Objection; relevance. 9 10 BY MR. JAMIESON: 10 11 Q. We are talking restaurant, I suppose. 11 12 MS. AILIN: Assumes facts not in evidence. 12 13 THE WITNESS: I didn't -- all I saw was the doorway 13 14 into the kitchen, so I didn't walk through the kitchen, 14 15 so I'm not sure if it was employees only back there. 15 16 BY MR. JAMIESON: 16 17 Q. So you didn't actually walk through the 17 18 kitchen? 18 19 A. No. 19 20 Q. You didn't actually walk through the sushi 20 21 either, did you? 21 22 A. No. 22 23 Q. The people at the other door when you arrived 23 24 requested your identification and swiped them on a 24 25 handheld scanning device, correct? 25 Page 333 1 A. Yes. 1 2 Q. And are you familiar with how these handheld 2 3 scanning devices work? 3 4 A. Yes. 4 5 Q. Is it correct the handheld scanning device 5 6 help to ensure the credibility and veracity of the m 6 7 that is being banded to the doorman? 7 8 A. Yes. 8 9 Q. Those alcohol establishments that are trying 9 10 to make sure that they don't sell to underage minors 10 11 utilize these scanning devices, right? 11 12 A. Yes. 12 13 Q. And you also observed in your report of the 13 14 January 31 st visit — of the January 31st visit that 14 15 once inside you observed two females who told the host is 16 that they were under 21, and the host told those females 16 17 that they could stay for dinner but had to leave by ten 17 18 o'clock? 18 19 A. Correct 19 20 Q. Your report does not reflect that those 20 21 females that identified themselves as being under 21 21 22 were served alcoholic beverages, correct? 22 23 A. Correct 23 24 Q. Prior to going to the Fury on January 31s14 24 25 did you look at the conditional use permit for Fury? 25 58 (Pages 332 to 335) Page 334 A. I did not. Q. Prior to going thereon January 31st, did you look at the live entertainment permit for Fury? A. No. Q. Prior to going thereon January 31st, did you look at the cafe dance permit? A. Na Q. Are you aware that those permits existed for the Fury operation? A. Yes. Q. And when you drafted your report of your observations and you reflected that at 2300 hours there was indeed five entertainment, did you write that down because you considered that to be an issue in your investigation and observation of this location? A. Yes. Q. Is it your understanding that the occupancy load for that location was approximately 297? A. Yes. Q. So when you Identified in your report that at eleven o'clock there were about 250 patrons, that is certainly not exceeding the capacity, correct? A. Correct Q. When you identified that observation in your report, you felt that was a good thing, did you not? Page 335 A. It was just an observation. Q. But you write down observations that you feel are important for the purpose for which you are there, right? A. I put — I mean, all of my observations whether I felt were good or bad or irrelevant. Q. Well, the point is you were there up until — well, what time did you leave there? A. I believe after miduigh4 a little after midnight. Q. So during the time that you were there, for that couple of hours I guess, maybe three hours, you wrote down those things that you felt were relevant for the purpose for which you were there? A. Sure. Q. And based on your training and education as a police officer what you thought was important and relevant, true? A. True. Q. Now, at midnight you were provided a menu which had around ten food items, but it was two pages shorter than the dinner menu you were given at 11:30 — strike that — at 9:30; is that right? A. Yes. Q. But the items on this shorter menu that you Precise Reporting Service 714 - 647 -9099 `, 5 FURY REVOCATION HEARING - 4/15/2008 59 (Pages 336 to 339) Page 338 minute or so an accurate depiction of the Fury premises on the night that you were there? A. Yes. Q. The barstools that you talk about being removed, are those stools around that bar right in the middle of the place? A. Yes. Q. But not all those barstools were removed, were they? A. Not all of them. Q. And when you say you went to the kitchen door to observe the kitchen and I asked you about how large the kitchen was in relation to the entire premises, which door on here did you walk to and look at for the kitchen area? If you can point that out for us, that would be good. A. I guess it would be — we sat here (indicating), so this — I guess it would be this, if there is a door here. Q. Are you referring to a place where it says "pickup line" and "no work "? A. Yes. Q. And from there you look toward the back and you knew the kitchen was back there, right? A. Yeah. Page 339 Q. From that location — if I can just lean over, if you don't mind, so the hearing officer can see. Thank you, but you need to be able to see it, too. From that location here where you were standing — A. Uh -huh. Q. — you had been sitting someplace over in this area, right (indicating)? A. Right. Q. Where is — this is on the west side of the building; is that true? A. We call this the south side, but — Q. Just so that we are situated, is the part up here in that — here is the smoking patio over here, right? A. Yes. Q. The part up here next to the smoking patio that is kind of paralegal to the lengthwise of the building, that's MacArthur? A. Correct. Q. And then the part down here that I'm pointing at right now on the other side of the building is actually the parking lot? A. Yes. Q. And there is also a parking lot to the left of what we are looking at, which is the left of the parking Precise Reporting Service 714 - 647 -9099 I'5� Page 336' 1 got at midnight included seared bluefin salad, scallops, 1 2 sushi and filet mignon skewers, correct? 2 3 A. Correct. 3 4 Q. And you did order the filet mignon skewers, 4 5 and they were served hot and appeared to be grilled; 5 6 that's all true? 6 7 A. Yes. 7 8 Q. And you would consider that to be food service 8 9 at that location at that time, right? 9 10 A. Yes. ! 10 11 Q. So whether the menu at midnight — which 11 12 started at 9:30, the items that were available for you 12 13 at midnight certainly were things that you would 13 14 consider to be food service, true? 14 15 A. True. 15 16 Q. And the last paragraph indicated two females 16 17 intoxicated walking around the bar area. Did you 17 18 approach those females? ! 18 19 A. No. w 19 20 Q. Did you test their level of what you 20 21 considered to be intoxication? I 21 22 A. No. 22 23 Q. Did you issue any citations or arrests, any 23 24 detentions that night? 24 25 A. No. 25 Page 337! 1 Q. The supplemented report which is page 3 was a 1 2 correction to your initial report; is that right? 2 3 A. Yes. 3 4 Q. And that correction came on February 5th about ! 4 5 four days after the first report, true? j 5 6 A. True. 6 7 Q. And in that correction to the report the — 7 8 it's not signed by you; is that true? 8 9 A. True. 9 10 Q. And in that correction report what you 10 11 corrected was that the barstools you observed being 11 12 removed from the bar area were not removed until about 12 13 10:30 instead of about 9:30 as you had originally 13 14 stated, right? 14 15 A. Right. 15 16 Q. What I would like you to do, Detective, is 16 17 please take a look at Exhibit 7 in the binder that you 17 16 have in front of you and the third paragraph of Exhibit is 19 7. Do you have that in front of you, sir? I 19 20 A. Ido. 20 21 Q. And that purports to be the floor plan of the 21 22 Fury, right? 22 23 A. Yes. 23 24 Q. Now, does it seem to be— is that from what 24 25 you can tell from your observations here for the last 25 59 (Pages 336 to 339) Page 338 minute or so an accurate depiction of the Fury premises on the night that you were there? A. Yes. Q. The barstools that you talk about being removed, are those stools around that bar right in the middle of the place? A. Yes. Q. But not all those barstools were removed, were they? A. Not all of them. Q. And when you say you went to the kitchen door to observe the kitchen and I asked you about how large the kitchen was in relation to the entire premises, which door on here did you walk to and look at for the kitchen area? If you can point that out for us, that would be good. A. I guess it would be — we sat here (indicating), so this — I guess it would be this, if there is a door here. Q. Are you referring to a place where it says "pickup line" and "no work "? A. Yes. Q. And from there you look toward the back and you knew the kitchen was back there, right? A. Yeah. Page 339 Q. From that location — if I can just lean over, if you don't mind, so the hearing officer can see. Thank you, but you need to be able to see it, too. From that location here where you were standing — A. Uh -huh. Q. — you had been sitting someplace over in this area, right (indicating)? A. Right. Q. Where is — this is on the west side of the building; is that true? A. We call this the south side, but — Q. Just so that we are situated, is the part up here in that — here is the smoking patio over here, right? A. Yes. Q. The part up here next to the smoking patio that is kind of paralegal to the lengthwise of the building, that's MacArthur? A. Correct. Q. And then the part down here that I'm pointing at right now on the other side of the building is actually the parking lot? A. Yes. Q. And there is also a parking lot to the left of what we are looking at, which is the left of the parking Precise Reporting Service 714 - 647 -9099 I'5� FURY REVOCATION HEARING - 4/15/2008 60 (Pages 340 to 343) Precise Reporting Service 714 - 647 -9099 1'k4 b Page 3401 Page 342 1 lot toward the other two locations? 1 1 A. No. There were a few people at a few of the 2 A. Right. 2 tables, but the majority of the crowd was concentrated 3 Q. Now, were you sitting on this side here when 3 around the bar area. 4 you — can you identify by number perhaps about where 4 Q. Okay. Now, the kitchen area that we see over 5 you were? 5 here, from your location down here by station 104, if 6 A. Sure. 6 you looked back toward the kitchen area, is it your 7 Q. Which one of those tables was it? 7 testimony that you couldn't see the kitchen preparation 8 A. On that night we were — I believe we were 8 area over on this side that I'm circling right now 9 sitting here at about one and three. 9 (indicating)? 10 Q. Is that the exact spot? Don't worry. It's 10 A. Hard to say. I can't tell where the doors are 11 okay. One, two, three and four, you were right in there 11 on this. 12 somewhere? 12 Q. If 1 could just point out to you — I'm not 13 A. Yes. 13 trying to testify for you, but if this is a doorway 14 Q. So when you walked over to look at the 14 here -- 15 kitchen, you got up from the table here. You walked 15 A. Okay. 16 down past all these other tables here, around these 16 Q. — might that have been where you either went 17 other tables here and walked back to that location where 17 or were looking, if you know? If you don't know, you 18 you could observe part of the kitchen, right? is don't know. 19 A. Not up to the door. I believe I viewed it 19 A. Yeah, I can't tell based on this particular 20 from down here in the bar area actually (indicating). 20 picture. 21 Q. So you would have gotten up from this table, 21 Q. But from where you were standing you also 22 and then did you go past all these tables here or go 22 didn't see the balance of the kitchen area back in here? 23 down these steps and go past these tables here? 23 A. Right. 24 A. I don't recall. 24 Q. However, from here where you were sitting and 25 Q. One way or another you got to this part over 25 also from the location where you were looking toward the Page 341 Page 343 1 here where it says 103 and 104? 1 kitchen area you could look over and see the dance 2 A. Right. 2 floor; is that right? 3 Q. These are all booths, correct? 3 A. Yes. 4 A. Yes. 4 Q. And the dance floor was this area right in 5 Q. And these are all tables along here, right? 5 here? 6 A. Yes. 6 A. Yes. 7 Q. These are all tables on this side? 7 Q. All right. Thank you. 8 A. Yes. 8 Now, directing your attention to the video for 9 Q. And these are all fixed tables here and here 9 a moment. The video that you observed which we have 10 and over here? 10 identified as Exhibit 19 here, this video you observed 11 A. Yes. 11 this morning, you don't know what time of the day that 12 Q. And these stools, you said some of them were 12 video was taken, do you? 13 removed, but not all of them. Obviously they are 13 A. It was nighttime. 14 removable, true? 14 Q. Do you know what time of the night it was 15 A. Yes. is taken? 16 Q. And then there are also tables and chairs also 16 A. I don't. 17 in this area here? 17 Q. Do you know what day of the week it was taken? 18 A. Yes. 18 A. I don't. 19 Q. Over in this corner here there are more 19 Q. Do you know the names of any of the people 20 stationary fixed booths with tables, right? 20 that were depicted in the video? 21 A. Yes. 21 A. Yes. 22 Q. And people were getting food service to the 22 Q. What names do you know? 23 extent the place was relatively full? People were 23 A. I know — I don't know the spelling, but 24 getting food service in all of those locations, weren't 24 Brian Schillizzi was in the video. 25 they, during the time that you were there? 25 Q. Anybody else? Precise Reporting Service 714 - 647 -9099 1'k4 b FURY REVOCATION HEARING - 4/15/2008 61 (Pages 344 to 347) Precise Reporting Service 714 - 647 -9099 },61 Page 344 Page 346 1 A. That's the only person I recognized. 1 FURTHER CROSS - EXAMINATION 2 Q. Ali right. Do you know — I want to make sure 2 BY MR. JAMIESON: 3 I remember what you just said. You don't remember the 3 Q. To the extent that you observed someone who is 4 day of the week and you don't remember the actual time 4 intoxicated to a level that you feel they are dangerous 5 — strike that. 5 to themselves or other people, you would compromise your 6 You don't know the day of week You don't 6 undercover capacity and either arrest or detain them to 7 know the date that it occurred. You don't know the time 1 7 prevent them from injuring themselves or somebody else, 8 that it occurred. However, you do know that a person 8 correct? 9 depicted in it was Brian SchilUM? 9 MS. All-IN: Objection; calls for speculation. 10 A. Yes. 10 THE HEARING OFFICER: Overruled. Answer the 11 MR. JAMIESON: All right I have nothing further. 11 question 12 Thank you. 12 THE VaTNFSS: So can you restate it? 13 MS. AILIN: 1 havejust a couple questions. 13 BY MR. JAMIESON: 14 14 Q. Sure. You are trained in the observation of 15 FURTHER DIRECT EXAMINATION 15 intoxication? 16 BY MS. AILIN: 16 A. Right. 17 Q. Detective Hayward, you said that not all of 17 Q. So to the extent that you observed persons who 18 the barstools were removed from around the bar. About 18 were intoxicated that are going to be a danger to 19 how many were left? 19 themselves or dangerous to other people, you would have 20 A. There — well, on that occasion, the first 20 compromised your undercover status to prevent them from 21 occasion, there may have been about five that were 21 hurting themselves or someone else, true? 22 left. I believe this 94 through 98 was left on that 22 A. True. 23 occasion, but I think they took all the other ones from 23 Q. So when you observed these women that night at 24 the side away. 24 Fury, you did not feel that they were intoxicated to 25 Q. And were the barstools that were left, were 25 that extent or to that level, true? Page 345 Page 347 1 they all occupied? Was anybody sitting in them? 1 A. Where they were at, no. If they were to have 2 A. No, not that I can recall. 2 gotten behind the wheel of a car, that would have been a 3 Q. Mr. Jamieson asked you whether you — whether 3 different story. 4 anyone was arrested or cited when you were at Fury on 4 Q. And so generally, then, these particular 5 January 31 st. You were — were you at Fury that night 5 women, you don't know how intoxicated either one of them 6 in an undercover capacity? 6 was, correct? 7 A. I was. 7 A. Well, I know they were — they couldn't walk 8 Q. And if you had arrested or cited someone that 8 without staggering, and they were having trouble caring 9 night, what would that have done to your undercover 9 for each other. 10 capacity? 10 Q. But you can't quantify what their level of 11 A. It would have ruined it. 11 intoxication was, true? 12 Q. And Mr. Jamieson also asked you if you had 12 A. True. 13 checked the level of intoxication of persons you 1 13 Q. And then the last question 1 think 1 have is 14 identified as drunk. If you had done that, what Impart 14 if you look pack at Exhibit 7 and tell me if, if you 15 would that have had on your being there in an undercover 15 would, once the barstools were removed — strike that. 16 capacity? j 16 The barstools that were removed here — it's 17 A. It would have prevented me from going there 17 my Exhibit 6- 18 again in an undercover capacity because then I would 18 MS. A1LIN: You are looking at Exhibit 7, I think. 19 have been identified as a police officer. 19 MR. JAMIESON: You are absolutely correct. 20 MS. AILPI: Thank you. I have no further 20 Q. So looking at Exhibit 7 here, if you can just 21 questions. 21 quickly count up the number of barstools. if you have 22 MR. JAMIESON: A couple of questions. 22 got the ones down to your left, which I have got five, 23 THE HEARING OFFICER: Go ahead. 23 that means that these here around the bar were removed? 24 / / / 24 A. Right, two, four, five, six, eight, nine, 25 ! / / 25 eleven — so what looks like around 22 barstools. Precise Reporting Service 714 - 647 -9099 },61 FURY REVOCATION HEARING - 4/15/2008 62 (Pages 348 to 351) Page 350 there is — the D.J. has his own small box area over here. THE HEARING OFFICER: Does the video show that? THE WITNESS: It showed — yeah, there is a view that showed where the DJ. was at, and then —1 mean, also that they had the — these bottle service, private tables in this area next to the dance floor. Its kind of a unique setup. Its easy to distinguish it from the video. THE HEARING OFFICER: You indicated that you recognized someone. THE WITNESS: Yes. THE HEARING OFFICER: What was his name? THE WITNESS: His last name is Schillizzi. THE HEARING OFFICER How did you — you recognized him in the video? THE WITNESS: I did. THE HEARING OFFICER: Where had you met him before? THE WITNESS: Actually I know him — well, I saw him on both occasions that 1 went to the location, and he was — my partner - I went through three times, but I only got in there twice. The first time we went was before this report, and wejust basically stood in the line — in line the whole time and never actually got in. My partner that I was with then, Detective Graham, Page 351 he pointed him out to rre the first time that we were there. THE HEARING OFFICER: And then you saw him when you returned? THE WITNESS: I saw him when I returned. On both occasions he was there. THE HEARING OFFICER: Thank you. I dart have any other questions. MR JAMIESON: I don't. MS. AILIN: No. THE HEARING OFFICER: Thanks a lot. MS. AILIN: Thank you. THE WITNESS: Sure. THE HEARING OFFICER: You guys need to get moving here. MS. AILIN: let's go off the record for a moment. (Discussion was held off the record.) THE HEARING OFFICER: Back on the record for the purpose of continuing this hearing, slash, public meeting until Friday at 11:00 a.m. — no, 10:30 a.m. MS. AILIN: On Friday? THE HEARING OFFICER: 10:30 a.m. on Friday on Friday April t Stn, and that concludes today's — yeah, that concludes this for today. Precise Reporting Service 714 - 647 -9099 J "kv;l- Page 348' 1 Q. And this place holds 297 people, right? 1 2 A. Yes. 2 3 Q. So we are talking before how many did you say? 3 4 A. 22. 4 5 Q. About 22. And all of these other tables, 5 6 chairs, booths and things were still in place, correct? 6 7 A. Correct 7 8 MR. JAMTESON: Nothing further. Thank you. 8 9 THE HEARING OFFICER: Keep that diagram. Do you 9 1 o have something to do? 10 11 THE WITNESS: No. 11 12 THE HEARING OFFICER: You know the video that we 12 13 talked about -- 13 14 THE WITNESS: Yes. 14 15 THE HEARING OFFICER,, — and then you said that you 15 16 couldn't recall too much about the color of the interior 16 17 because it was always dark. Can you reference to this 17 18 diagram where that video was taken? 18 19 THE WITNESS: Yeah, some of it was out front. 19 20 Some of it was -- 20 21 THE HEARING OFFICER: When you say out front, you 21 22 mean outside of -- 22 23 THE WITNESS: Outside of the location. The first 23 24 scene was out where the line forms, which would be down 24 25 around this coma here (indicating). Then there was 25 Page 349 1 some that was right out front of these main entrance 1 2 doors, which are here (indicating). 2 3 THE HEARING OFFICER: Okay. 3 4 THE WITNESS: And then there were different clips 4 5 from -- I mean throughout the location. 5 6 THE HEARING OFFICER: Throughout the interior of 6 7 the location? 7 8 THE WITNESS: In the interior, yeah. s 9 THE HEARING OFFICER: What do you remember seeing, 9 10 in the video that you could reference to what you ! 10 11 observed when you were in that location doing your 11 12 observation? 12 13 THE WITNESS: At the bar, the bar is very 13 14 distinguishable because its located -- it like an 14 15 island bar with what is meant to be a walkway all 15 16 around, but it turn into basically a dance floor with j 16 17 both the large bar with TVs, and there is a number of 17 16 TVs overhead that I could make out from the video, and 1s 19 then the dance floor with the D.J. over here 19 20 (indicating). 20 21 THE HEARING OFFICER: What is distinctive about the 21 22 dance floor? 22 23 THE WITNESS: Well, just the location. The dance 23 24 floor is on another level. Its on a -- its maybe 24 25 three or feet higher than the rest of the bar area, and 25 62 (Pages 348 to 351) Page 350 there is — the D.J. has his own small box area over here. THE HEARING OFFICER: Does the video show that? THE WITNESS: It showed — yeah, there is a view that showed where the DJ. was at, and then —1 mean, also that they had the — these bottle service, private tables in this area next to the dance floor. Its kind of a unique setup. Its easy to distinguish it from the video. THE HEARING OFFICER: You indicated that you recognized someone. THE WITNESS: Yes. THE HEARING OFFICER: What was his name? THE WITNESS: His last name is Schillizzi. THE HEARING OFFICER How did you — you recognized him in the video? THE WITNESS: I did. THE HEARING OFFICER: Where had you met him before? THE WITNESS: Actually I know him — well, I saw him on both occasions that 1 went to the location, and he was — my partner - I went through three times, but I only got in there twice. The first time we went was before this report, and wejust basically stood in the line — in line the whole time and never actually got in. My partner that I was with then, Detective Graham, Page 351 he pointed him out to rre the first time that we were there. THE HEARING OFFICER: And then you saw him when you returned? THE WITNESS: I saw him when I returned. On both occasions he was there. THE HEARING OFFICER: Thank you. I dart have any other questions. MR JAMIESON: I don't. MS. AILIN: No. THE HEARING OFFICER: Thanks a lot. MS. AILIN: Thank you. THE WITNESS: Sure. THE HEARING OFFICER: You guys need to get moving here. MS. AILIN: let's go off the record for a moment. (Discussion was held off the record.) THE HEARING OFFICER: Back on the record for the purpose of continuing this hearing, slash, public meeting until Friday at 11:00 a.m. — no, 10:30 a.m. MS. AILIN: On Friday? THE HEARING OFFICER: 10:30 a.m. on Friday on Friday April t Stn, and that concludes today's — yeah, that concludes this for today. Precise Reporting Service 714 - 647 -9099 J "kv;l- FURY REVOCATION HEARING - 4/15/2008 63 (Page 352) Page 352 1 STATE OF CALIFORNIA ) ss. 2 COUNTY OF LOS ANGELES ) 3 4 1, NANCI L. GRUBE, a Certified Shorthand 5 Reporter for the County of Los Angeles and the State of 6 California, do hereby certify: 7 That said proceedings was taken before me at e the time and place therein set forth, and was taken down 9 by me in shorthand and thereafter transcribed into 10 typewriting under my direction and supervision; that the 11 said transcript is a true record of the proceedings; 12 1 further certify that 1 am neither counsel 13 for nor related to any party to said action, nor in 14 anywise interested in the outcome thereof. 15 16 IN WITNESS WHEREOF, I have subscribed my name 17 this 2nd day of May, 2008. 18 19 20 21 22 Certified Shorthand Reporter for the State of Califomia 23 24 25 I I I Precise Reporting Service 714 - 647 -9099 V(4