HomeMy WebLinkAboutExhibit 17Exhibit No. 17
N`..'jPORT BEACH POLICE DEPARTMEP
.- bLLOW -UP REPORT
Type of Original Report
Date of Original Report
Date of This Report
I
Master Case No.
Employees Report
11/9/07
11/28/07
® Multiple
07 -12060
Reclassify Master Case To
Victim
Follow -Up No.
1
Master Property
Value Rec This Report
Total RPTD Loss
❑ Total Recovery ❑ Partial Recovery
$
❑ Change of Total Value
$
Master Case Status
Property Disposition
❑ Release ❑ Dispose ❑ Hold Until
r ,a
y,
(1) List Related Reports by Case Number, Type, Crime, Victim's Name, and Case Status Using Case Status Numbers. (2) Describe any Change in Property or
Value. (3) Describe any Additional Property Loss. (4) Identify Partial Recoveries. (5) Briefly Summarize the Original Incident. (6) Explain Investigation
Progress and Case Status. (7) Reclassify Related Cases.
This is follow up number 1 in regard to the Investigation into Conditional Use Permit (CUP) violations at
the business known as " Sejour," located at 3400 Via Lido in the City of Newport Beach.
In an effort to better document the ongoing activities at Sejour, Det and I entered the
business on 11/30/07 at 2130 hours in an undercover capacity. The business was approximately three
quarters full with patrons, and all areas of the establishment were being used. I noticed that a• private
party was ongoing in the area of the business identified as A -1, and there were approximately four tables
set up in the middle of the room. These tables had seating for approximately twenty, and this was in
addition to the two booths which were against the north wall of the room, providing seating for
approximately 20 to 25 more patrons. I noticed that servers were taking and delivering drink orders in
section A -1, and it was obvious that food had been served as there were several un- cleared plates on
numerous tables.
I asked our server if we could order dinner and she advised us we could sit anywhere we liked. We sat in
a small room located in between sections A -1 and A -2 where I asked if I could order a beer. She advised
that the "City" would not allow Sejour to offer beer in the establishment as they (the City) felt beer would
"bring in the wrong crowd." She added that she felt the "City" was "trying to shut down all the restaurants"
in the area. Det Freeman ordered a glass of wine and I ordered a vodka and cranberry. In order to
ascertain if the kitchen was operational and to check the availability of freshly prepared food items, I
ordered an appetizer of beef skewers. The appetizer was delivered approximatery 15 minutes later and'
while it was warm, it most definitely was not hot. At approximately
Su ng ID No.
Reporting Officer(s) ID No.
I Daternme Reproduced Clerk
10
N `�ORT BEACH POLICE DEPARTME,
'Continuation Sheet -
Page No. Type of Report Booking No. DR Number
2 1 Follow Up Report 1 1 07 -12060
2210 hours, we ordered dinner from the menu. I ordered a grilled chicken "paninni" sandwich while Det
bordered a grilled chicken breast. Approximately twenty minutes later the food arrived and again,
the food items were warm but not hot.
I was advised by CNB Code Enforcement Officer John Kappeler that, via the Newport Beach Fire
Department, the occupancy at Sejour is listed at 99. At 2330 hours, a "rough count' was conducted by
Det Freeman and myself which put the estimated occupancy at between 150 and 160. In addition, there
was no "maximum occupancy" sign located anywhere near the front door, and I also could not find any
sort of ABC related postings anywhere in the building. While attempting to perform the count, I was
unable to move about in the front lobby area, the span of the business which connects section A -2 and
the front door leading out to Via Opporto. Section A -2 was also very crowded and did not allow freedom
of movement. In addition to the approximate count, it was apparent to me that the business was
overcrowded based on those observations. I could not locate a "door host" or any other security
personnel posted outside the location maintaining a record of number of patrons. I checked the front
door periodically throughout the evening and never saw anyone maintaining a count.
While there was no obvious dancing location as there was on my previous visit (1119107, in section A -1),
patrons were dancing at all areas of the establishment. While I never located any sort of security
personnel, several Sejour employees observed the dancing and did not attempt to curtail it. Throughout
the evening, a DJ played music through a speaker system which, just at it was on my previous visit, was
set up in all areas of the business. The DJ himself was situated in section A -2 of the bar area. While the
music was very loud (making conversation difficult), the DJ would intermittently make announcements
throughout the night which were largely unintelligible.
All areas of the establishment remained open until closing. I heard "last call" from the DJ at 0035 hours,
and the business closed at 0100. 1 ordered a vodka cranberry and a glass of wine at 0025 hours, despite
the conditional use permit (condition # 15) which only allows patrons to be served alcohol until midnight
on Friday and Saturday nights. This is also a violation of ABC Condition # 1 (sales and service until
midnight, Friday and Saturday nights).
We left the location at 0050 hours as the rest of the crowd also madetheir way outside. The music was
audible outside of the business, and there were at the most five taxicabs lined up outside on Via Opporto
picking up patrons. I
ID No.
Milk