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HomeMy WebLinkAboutExhibit 15Exhibit No. 15 \11 NE tORT BEACH POLICE DEPARTMEN L�APLOYEES REPORT Subject DR Number Sejour b'i • a'2o &C) Date and Time Occurred Location of Occurrence RD 11/9/2007 3400 Via Lido 15 To:(Rank, Name,Assignment,Division) Date and Time Reported Aaron Harp, Asst City Attorney, City of Newport Beach 11/13/2007 1100 Reportable Use of Force: ❑ Yes ® No On 11/9/07, Det SNOW and I entered the the business known as " Sejour," located at 3400 Via Lido. We were conducting an investigation in an "undercover" capacity in regard to possible violations of the business per the City of Newport Beach Conditional Use Permit ( "CUP "). Upon our arrival at 2100 hours, the business was approximately half full with patrons, none of whom appeared to be dining, however; I did observe a few patrons eating appetizers (a loaf of bread and cut varieties of cheeses). There was very loud music emanating from within the business, and a DJ was operating digital music from a stand /speaker setup in the bar area of the location (described as "Section A -2 "). That music was also hooked up to very large speakers in the area known as "Section A -1,° however; there was no one in there at that time this early in the evening. This section is described as the "retail portion" of the business. I noticed that the seating arrangement in this section consisted of two large booths, with each capable of holding approximately ten to twelve patrons at one time. The room was very open in the center, and this area became quite crowded later in the evening (more on that later). We stood at the bar area and 1 attempted to order a beer to which the bartender replied, "We don't sell beer." I observed no one with beer at any point during the evening. There was wine and "hard alcohol" available, and I ordered a "Jack Daniels and Coke." At 2130 hours we returned to the front reception area where we were met by a waiter, "Kyle:" I asked if we could eat and he said, "Sure, go ahead, sit anywhere you want, I'll get you a menu, it's new.' We sat in the small area located on the south /east corner of the business, designated on the diagram as "exist/sales" which is between section A -1 and A -2. There appeared to be no designated eating areas in the establishment. The reason we selected this area for eating purposes rather than A -1 was due to the volume of the music in A -1 which was at such a level that conversation would have extremely difficult. I ordered a filet and Det Watts ordered a tri -tip platter (our meal was delivered shortly thereafter and while it was warm, it did not seem to be freshly prepared). I asked "Kyle' why there was no beer available and he replied that he did not know in that he was fairly new to the establishment. During the course of the evening I noticed that the business was becoming quite crowded, and Kyle Supervis r ID pp ov' No. Reporting Officer(s) ID No. Date an Time Reproduced and Distributed Clerk NBPO Farm 151 rfkw. 12-03) Employees Report �1q NI PORT BEACH POLICE DEPARTMEY 'Continuation Sheet re No. Type of Report 2 1 Employees Report advised that as the evening goes on it should become quite crowded. Upon further questioning he advised that dancing occurs in the section we identified as A -1, and that was the reason the center of that room was so open. I had observed that "bottle service" was occurring in an area located just off section A -2, near the bar in a small room. Kyle advised that bottle service could be had anywhere in the business and there was no menu for that. The price was $300 for a bottle of "Grey Goose" vodka, while anything else was $250. That would include not only the liquor but any and all mixes and glasses for however many people were in the party. While observing the one bottle of "Grey Goose" which was served in that small room, there was no one particular Sejour employee who seemed to be responsible for the party. I obs'd several patrons in that approximate party of ten pouring their own drinks. During the course of the evening, I obs'd one individual who was possibly a "door host" or "bouncer," and this individual seemed to know many of the patrons. He would constantly walk through the establishment, however, he did not appear to be keeping watch on the front door nor the occupancy (speaking of which, I could locate no certificate of occupancy signs posted in the building anywhere). At approximately 2230 section A -1 was quite crowded and the table booths were all full. Dancing was occurring in this section and the music was maintained at the same level as previously described. I obs'c Kyle and another waitress taking drink orders to patrons in this section of the business, and the individual identified as the "bouncer' or the establishment security was continuously monitoring this area. I also noticed that a subject I overheard patrons greet and address as "Art" was in this area off and on throughout the evening. This same individual was also obs'd behind the bar on numerous occasions and was obviously an employee, quite possibly the owner Arthur Stockton. There was no wine tasting or servers in A -1, only the waiter and waitress bringing drinks from the bar in section A -2. At approximately 2300 hours, I asked Kyle if I could get something to eat and he advised that the kitchen was closed. At this time we also noticed that the business was quite full and appeared to be nearing what would possibly be maximum occupancy. In section A -1, I counted approximately 45 patrons and Det Watts counted approximately 125 throughout the rest of the establishment (approx 170 total). I also obs'd a group of approximately 20 people outside the establishment smoking cigarettes. This small crowd spilled out into the street which with the exception of this gathering was fairly deserted. VIIIIIIIIIIIII I ."r rmm sn kn..., NE )ORT BEACH POLICE DEPARTMEN" - bontinuation Sheet Page No. Type of Report Booking No. DR Number 3 Employees Report It is my opinion that this establishment is operating as a nightclub complete with dancing and live entertainment and is in violation of several items listed in their CUP. While dining does not appear to be the main focus of their operation, it is available as are appetizers and desserts. Very loud amplified music from a DJ was present from the moment we entered, and while no beer was available, any type of "hard liquor" was offered as well as individual "bottle service." Alcohol was available via waiter or waitress in section A -1, or anywhere else in the establishment. We obs'd no maximum occupancy limits posted, and it appeared that the business was at what could be considered at or over maximum capacity (approximately 170 patrons, excluding staff). Supervisor Approving ID No. Reporting Officer(s) ID No. Neva ram a.,. ....)