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                                                   C    I   T    Y    O    F




                                         HRYWRRD
                                              HEART          O   F   THE   B   A Y




DATE               January 14     2010


TO                 Planning     Commission


FROM               Arlynne   J   Camire AICP        Associate Planner


SUBJECT            Conditional Use Permit No PL
                                             2009 Joeann
                                             0363                                                     Beng
                                                                                            Pepperell Applicant
                   and   Ngan    Chan   Owners Request                to Collect      a       Chazge at an Existing Bar
                                                                                          Cover


                   The Property Is Located        at 22554 Main Street in the Central                 Plaza P
                                                                                                      City CC
                   Zoning Subdistrict



RECOMMENDATION


Staff recommends that the           Planning       Commission              determines that         conditional     use   permit
application  statutorily exempt from environmental review in accordance with the California
              is
Environmental Quality Act CEQA guidelines Section             15270 Projects Which      are


Disapproved and deny the conditional use permit based on the attached findings

BACKGROUND


                                                       the       since November 1 2006 A bar
                                                             Funky Monkey
Joeann    Pepperrell has owned      and   operated
has been   operated   in this retail space since the 1960s Castro Lounge occupied this space until
                                                           s

1991   followed  by    Club  Rumor unti12006 The Zoning Ordinance was amended on May 18
                                                                      bazs and       night clubs   Since       baz has lawfully
       requiring a conditional                    for all                                                  a
1993                               use
                                         permit              new

existed prior to the effective date of the requirement of a conditional use permit a baz is permitted
to continue as a legal non use allowing change of ownership tenancy or
                        conforming
management

The   applicant    Joeann Pepperell       requests approval of a Conditional Use Permit to charge
admission and has stated that the         cover charge is intended to discourage troublemakers since
                                                                                     conditional
they would be required to pay to enter the baz on nights with entertainment Anew
use permit application is required because collection of a cover charge is
                                                                           considered an

intensification of the activities permitted within the existing bar


Project Description and Setting The 11footproperty on which the Funky Monkey
                                      620
                                      squaze
is Located is developed with two buildings totaling 12 squaze feet in area containing five
                                                    700
commercial units on the ground floor facing Main Street and twelve residential units on the
second floorFunky Monkey occupies                   400retail space along with a
                                                    foot
                                                    square
                                       the southern 1
                                                                                                                   The
496 patio The two adjacent 1foot retail spaces aze vacant
square
foot                                  000
                                      square
occupied commercial units contain Stacman Shop and Perfect Petals Florist
                                  s
To the south is a small pazking lot       posted   for   Funky Monkey parking   and   a vacant   bank   building
at the   comer    of B and Main Streets To the north is Americana Restaurant and          Goodyeaz Tires
at the intersection of A and Main Streets         To the west across Main Street aze      Sapporo Japanese
Cuisine     Restaurant Turf Club        Swiss Delices Bakery Dominos Pizza L Amour Shoppe the

Chamber of Commerce and             Gary Donuts along with general
                                    s                                    office space


The                                                               Area that encourages        mix of
      property is located in the Downtown Entertainment                                   a


businesses and activities to enhance the economic
                                                vitality                         A Retail Site
                                                                   of the downtown     area


Assessment completed in March 2009 by Buxton Company indicates that Downtown Hayward
is underserved by drinking places A nightclub requires a conditional use within the Central

Plaza Zoning Subdistrict to ensure responsible management so an establishment would
City
remain     an   asset to the Downtown Entertainment Area


                                                                                      00
Funky Monkey operates as a baz for patrons 21 yeazs of age and hosts kazaoke from 9 pm to
1 am Sunday Monday and Wednesday nights DJs
30                                                       and dancing aze offered beginning at
10 pm to I 30 am on Tuesday Thursday Friday and Saturday nights The DJs play Top 40
00
Old School Hip Hop Classic Rock Reggae and R Also offered in the establishment aze two
                                                   B

bars ajuke box a big screen television apool table pinball and video game machines and two
electric dart boazds The patrons also have access to an outdoor patio The applicant proposes to
collect admission to the bar for patrons to enjoy the events and amenities


DISCUSSION AND STAFF ANALYSIS


Staff does not support the approval of the conditional use permit due to the inability to make all
of the required findings as detailed in the pazagraphs below Most significant is that the bar
continues to be the major source of police incidents in the Downtown Entertainment Area
Incidents include public intoxication disorderly conduct drunk driving fighting assault battery
assault of a law enforcement officer and use of a deadly weapon A majority of the calls for
service occur on Friday and Saturday nights It is the opinion ofstaff that chazging a cover for
                                                    behavior of the patrons would cease Until the baz
entry would       not ensure that the   inappropriate
can   be   managed      in manner to discourage and contain disorderly conduct granting a privilege to

intensify   the   use   cannot be recommended



Community Prevention                                    CommPre is opposed to intensifying
                               of Alcohol Related Problems

operations because Funky Monkey is under investigation by the Department of Alcoholic
Beverages Control and the Hayward Police Department The Haywazd Police Department has
documented a drastic increase in incidents at this location since the change in ownership and
entertainment format in 2006 from Club Rumor to Funky Monkey The Haywazd Police
Department and the City Attorney Office met with the applicant and her attorney several times
                           s
to modify business operations with the goal of establishing a more successful operation that
would have less drain on City resources and be an asset to the downtown At these meetings the
Police Departrnent requested that the baz be better managed to reduce the number of violent
crimes and the incidents of public drunkenness and suggested that the applicant change security
tactics or the type of entertainment It was the hope of the Police Department that the meetings
would result in a decrease in incidents that require law enforcement response The Police are of



Funky Monkey
           0
January l4 20
                                                                                                          Poge 2 oj9
the   opinion   that the   applicant   has not been   as   responsive    agreed upon and that business
                                                                        as


operations aze mismanaged which               has resulted in   continued a high number of police incidents
that involve violent crimes and         public   drunkenness


Alcoholic Beverage Outlet The City of Haywazd Alcoholic Beverages Outlet Requirements
define a Night Club as alcoholic beverage sales commercial activity which engages in the sale of
alcoholic beverages in conjunction with providing live entertainment including the playing of
recorded music  by a disc jockey or dancing between the hours of 6 pm and 2am
                                                                  00           00

regazdless of whether such establishment is simultaneously offering full restaurant meal service
or chazges an entry fee or increases the sale price of beverages Alcoholic Beverage Outlets


require the granting of a conditional use permit

Funky Monkey operates as a full baz with a Type 48 license from the Department of Alcoholic
Beverage Control ABC and is a legal nonconforming use since this location has been operated
as a baz
         prior to the adoption of the Haywazd Municipal Code Alcoholic Beverage Outlet
Requirements were adopted Because the baz does not have a conditional use permit the ABC
added operating conditions of approval to the applicant license that was granted in October
                                              s
                                                                                       00
2006 The ABC conditions of approval limits alcohol sales service and consumption to 10 am
to 1 am Disc jockeys dancing and kazaoke aze permitted The applicant has maintained a
   30
valid City of Haywazd Dance Permit since 2006


The   applicant agreed      to   uphold the   18 conditions of approval of the ABC license Attachment                     C
which include


Require the sales          consumption of alcoholic beverages only between the hours of
                         service and
10 am and 1 am each day of the week The Funky Monkey opens at I1 00 am and closes
00          30
at 1
   30 am each day of the week


Permit karaoke and disc   jockey playing previously recorded music live music is not permitted
unless a conditional use permit is granted This has allowed the Funky Monkey to host karaoke
and dancing during disc jockey provided music


               the                                                                      s
                       of a conditional use pernilt to allow live music The property owner
                     approval
Requires
management company    have expressed to staff that they will not allow live music in the bar
because the current music that is played is too loud for the upstairs residents and they are
concerned that live music wouldfurther disturb their peace and quiet


                                                                                                             issued in
Require approval         of a dance  permit by the City of Haywazd A                 Dance Permit      was


2006 and has been          kept current It is posted in the bar


                                of a conditional                     collect       door              chazge This   is the
Requires the approval                              use   permit to             a          or cover


purpose     of the application

Prohibits the applicant from contracting outside or independent promoters to provide
 entertainment Style Beyond Compare provides the disc jockeys that provide entertainment

for the dance nights The disc jockeys are compensated directly by the applicant


Funky Monkey
Jam l4 2010
ary
                                                                                                                   Page   3   of9
The applicant has stated that        one   security               Sunday Monday and Wednesday
                                                      staff is provided   on

for kazaoke   nights          00         00
                         from 9 pm until 2 am and six uniformed       security staff on aze provided
on                                                00
    Thursday Friday and Saturday nights from 9 pm to 00       2     am The Police
                                                                                    Department
states that the security staff of the club has appeared to be reluctant to work in conjunction with
the Police Department in that it has failed to adequately monitor the behavior of the patrons has
failed to defuse fights and assaults that have spilled out onto Main Street and in the adjacent

pazking lot and has failed to contact the Haywazd Police Department when it was clear that
police assistance was necessary

The State      Department    of Alcoholic   Beverage Control is currently investigating the Funky
Monkey     to   assure   that the conditions of the Type 48 ABC license have not been violated                 If it is
determined that the conditions          have been violated a suspension can be issued


FindinQS for Denial of the Conditional Use Permit Application      In order to approve a
conditional     use   pernut  the Planning Commission must make four fmdings If any of those
                                                                                              The four findings
findings   cannot be     made   the Commission must
                                                             deny a use permit request
are

      a   The proposed        use   is desirable for the    public   convenience     or   welfare

      b   The    proposed use will         not   impair   the character and      integrity   of the   zoning   district

          and    surrounding area

          The                        will not be detrimental to the            public health safety      or
                                                                                                               general
      c
                   proposed   use


          welfare

      d   The  proposed use is in harmony applicable City policies                  and the intent and        purpose
          of the zoning district involved


Staff is of the    opinion   that the   findings for approval cannot be made Although entertainment
activities    encouraged
             are                and in     contributing to the economic vitality of the downtown police
activity as shown in Attachments D E and F has shown that the number of incidents associated
with the Funky Monkey involving public drunkenness violence and threats or assaultive
behavior directed at police officers has increased over the past two yeazs The result is a burden

Haywazd Police Department and law enforcement agencies of neighboring jurisdictions In
addition these types of incidents discourage customers from patronizing businesses in nearby
areas resulting in a loss of sales tax revenue and City of Hayward resources




Funky Monkey    is required to adhere to all of the conditions of approval of the ABC license
However the license also states that the Haywazd Police Department has provided substantial
evidence that an identifiable problem which exists The license is currently under investigation

by the Department         of Alcoholic      Control Because it is under investigation and due to
                                           Beverage
the excessive number of police incidents  it is cleaz that the granting of approval of a cover

chazge which is an intensification of use would be detrimental to the public health safety and
general welfaze Approval of a cover chazge would condone the current security
mismanagement of the Funky Monkey and the disorderly conduct exhibited by the customers




Funky Monkey
      0
Jam 4 20
ary
                                                                                                               Page   4   oJ9
The Land Use Policies and          Strategies    of the   City General
                                                          s                   Planrequire the continuation of the
implementation of the Downtown Design Plan and the                        Core Area Specific Plan As stated in the
Core Area Plan The consumption of alcohol is a part of community life As we look to the
                                                              related
future of downtown Haywazd preventive planning to avoid alcohol problems must be
recognized as an essential element in the revitalization process It is important to manage alcohol
availability in our downtown in a positive way that enhances the economic and social chazacter
of this vital area of our City The successful revitalization of downtown will likely include new
restaurants and entertainment facilities many of which will sell alcoholic beverages and will

hopefully became an asset to downtown Policy makers should be afforded the opportunity to
review and impose conditions of approval for certain alcohol related outlets to insure such uses
are not a detriment to the downtown The Police will set forth criteria and regulatory measures

for the establishment and operation of certain alcohol related outlets The Specific Plan Area
would be subject to the ordinance Additional programs such as responsible server training for
business outlets and event sponsors may also are considered to ensure the effective management
                       Z
of the availability of alcohol


                                                                              related
The policies encourage Planning Commission review to assure that a commercial alcohol
business is responsibly managed Businesses that are mismanaged do not contribute to the
revitalization of downtown             The request to     intensify mismanaged security risk and the over
                                                                      a


serving   of alcoholic beverages would further             negatively affect the vitality and revitalization of
downtown       Hayward Funky Monkey customers                  who  ejected by security staff from the baz
                                                                       are

have been known to loiter and create            problems      adjacent businesses and residents Public
                                                             for
intoxication and     disorderly conduct        also discourages potential patrons of adjacent business and

impacts   the   feeling of safety and security      of surrounding residents


Police Department       Review The Police          Department         has numerous   concerns   with   allowing the
applicant to collect     chazge because the establishment currently generates an
                        a cover


overwhelming number of police incidents that have burdened not only Hayward Police
           but have involved              law enforcement agencies The incidents have been
                                          neighboring
Department
detrimental to    surrounding      uses     and to the downtown


These  following case studies represent only three of the 35 violent incidents occumng at the
Funky Monkey baz in the past 3 years 2007 through 2009 These case studies aze intended
show how poor management practices of a public place can negatively impact police service and

public safety The vast majority of all the incidents recorded in Attachment E required between
two to six officers to conduct police services and operations Most of the violent incidents calls
have resulted in the arrest of individuals requiring additional police support services to process
the arrest iejail staff reproduction of records district attorney liaison and investigative follow
                                                                                     estee
                                                          beat areas to process the an
up Each arrest requires officers to leave their assigned
                                                                           until assigned officers
Therefore other officers aze required to cover additional assigned beats
can   return



The Police      Department      is of the  opinion that the Funky Monkey is operated in an irresponsible
manner    and that   security    at the   Funky Monkey can be better managed Until the time that the


                                       Use Element Land Use Policies and Strategies Downtown Area p 2
                                                                                                    18
 City of Hayward General Plen   Land

 The Core Area Plan p 28


Funky Monkey
           0
January 74 20
                                                                                                               Page   5   of9
activities   substantially     cease   being   public safety resources the Police Department
                                               a   drain on
recommends denial of the conditional use permit request At the time the incidents do

substantially decrease the Police Department will once again consider recommending approval
The Police Department suggests that the applicant submit a security plan for review to ensure
that the applicant is making a good faith effort to stop the violence and disorderly conduct at her
bar


         Case Study 1 The          following              2008 occurred on February 23
                                                    incident
                                                          04253Report
2008   at 12 am The Hayward Police Department dispatch received several calls reporting a
          49

lazge fight in progress in front of the Funky Monkey Baz Callers told dispatchers that about 30
persons came out of the bar and were fighting in the street The first officers arrived at the scene
and found approximately 50 persons engaged in fighting The fighting was in the street and

spilling out into Municipal Pazking Lots 1 and 2 The investigating officer contacted the
supervising security guard at the bar who told the officer that four security guazds were working
and he didn know what prompted the fight He added that Funky Monkey security staff had a
        t
hard time
           maintaining control of the baz patronage on Friday nights as gang members had begun
hanging out there In response to this call the SDU gang unit drove into the area and stopped a
lazge group of persons who were yelling and azguing with each other The large group was on
the west side of Main Street just south of the baz and was obviously part of the

battery occurring at the baz Two members of the group fled to avoid police contact
disturbance
The SDU unit chased the suspects down as they were entering a nearby pazked car This caz was
determined to be stolen One of the two suspects was found to be in possession of cocaine


                  call eight officers were dispatched expending a total of 11 hours of
In response to this                                                         5

combined time to investigate the reported fight and restore order
      Six officers were pulled offtheir assigned beats to assist in response to this call

                                                                               on this   call for                   2 hours
          The only K9 officer working this             night   was   tied up                        approximately
          The      only   Crime Scene Technician working this shift             was   out of service for 2 hours while

          processing this      scene




Later   on   the   same    day February 23 2008          a
                                                             24 female
                                                             old
                                                             yeaz                   came     to the Police   Department
to report a battery and robbery The victim stated she was at the Funky Monkey earlier in the

morning when a lazge fight broke out she and her friend left the baz and tried to get to their car to
leave The victim and her friends       followed to her caz by a group of gang members who
                                           were


yelled   gang taunts She was then knocked to the ground by the group kicked and punched
              The victim had her purse      off her arm The victim said she wanted to tell the
repeatedly                                          ripped
police   what hadhappened but the crowd was so heavily populated with gang members she
wanted to avoid being jumped again because she was not gang affiliated The police officer

taking this report documented the following injuries to the victim black eye cut lip bruising on
her lower back sore ribs and bruising on both arms



The   investigation of this      incident required 4 additional hours of officer time


          Case Studv 2 The  following incident Report 2009 occurred on February 14
                                                          03307
                                                        the Haywazd Police Department dispatch
2009 at 11 pm Funky Monkey security staff called
         53
                                                                     s
requesting assistance with several baz patrons they had placed under citizen arrest for

Funky Monkey
January 4 2070
                                                                                                                    Page 6 of9
trespassing refusing to leave            Three officers        responded and took custody         of their   prisoners and
began taking statements to process the arrest While officers were out front of the Funky
                                                                             in the baz Security
Monkey security guards in the baz ran outside requesting further assistance
                                   arrested baz patron Several Hayward Police Department
guards were struggling with a yet un
officers followed security into the baz According to the officers approximately 100 persons
were in the bar and the crowd was heavily populated with the Devils Own motorcycle
                                                                                          club and

Norteno gang members Two officers found Funky Monkey security guazds fighting with two
individuals When officers took control of the two individuals the crowd turned hostile and
attacked them Officers noted that lazge glass drinking glasses and beer bottles began to be
thrown across the baz some directed at other patrons some directed at the officers One officer

was punched by a bar patron twice in the face knocking him to the ground Officers at the baz

                                                                                       in
put out an Expedite Cover call over their radio This code is used when officers are
imminent      peril    and need immediate assistance Additional officers arrived Four combatants
were   arrested includingthe suspect that punched the officer The baz was closed and cleaned of

    persons this caused a lazge crowd control issue in the street and surrounding pazking lots
all



This call    seriously impacted HPD police services for this evening
         21 officers from   Haywazd Police Department three Haywazd                          Police   Supervisors and    1

         BART officer        responded       to this   call   representing    33 hours of police time

         All beat officers were         pulled   out of their service        azeas   in response to this call

         Additionally       HPD gang enforcement team
                            s                                          suspended                            hour
                                                                                                            5
                                                                                      their operations fora 1

         time     period
         The officer that        was   punched   sustained      a   black eye   bruising    and lacerations to the   right
         side of his head


         Case Study 3 Thefollowing incident Report 2002009 occurred on August 8
                                                     16171
2009    at   19am Haywazd Police Department dispatch received a call from the Funky Monkey
             12
Baz
      reporting    a
                       lazge fight had                                             alone female
                                         broken out inside the baz Police officers found
patron of the baz lying on the sidewalk outside the baz She had a lazge laceration across her
head and told officers she was beaten up inside the baz An unknown suspect hit her with a

bottle causing her injury Officers noted the baz was packed with between 100 to 200 people
Hayward Fire Department personnel were summoned as was an ambulance to stabilize and
transport the victim Additional officers were summoned as Hayward Fire Department and
Medic Personnel couldn treat the assault victim
                t                                                   as a   hostile crowd had formed outside of the
baz Officers formed          a     perimeter azound the assault victim The situation continued to
                                 defensive
deteriorate as officers attempted to investigate the assault looked for witnesses preserved and
processed forensic evidence and located suspects Officers quickly learned that any evidence of
the assault had been removed baz employees had cleaned up the crime scene by removing the

bottle glass and blood No baz employees including a security guazd said they witnessed the
altercation One security guard stated he heazd glass break found the victim on the floor and
then took her outside to the sidewalk As the baz was cleaned of people a large crowd formed in
the street The crowd refused to cleaz the street and small groups formed to challenge the police
with statements such as You all dead and Someone gonna bring a shotgun next time
                           re                    s
were recorded in
                   police reports A total of four individuals were arrested in this incident all


Funky Monkey
Janaary l4 2010
                                                                                                                    Page 7 oj9
were   in   a   drunken condition and resisted their arrest One of the four       was   found to be in

possession       of cocaine


This incident required


            the Watch Commander         assigning                     respond to the bar to move the
                                                    all beat officers to

            unruly crowd     and restore order This                                                5
                                                        suspended police service for approximately 1
            hours

                                                   supervisors All SDU gang enforcement teams
            the utilization of 27 officers and with 3
            and K9 officers suspended their operations and were utilized in this response
            two California State University East Bay officers at Hayward Police Department

            request
            32 hours of police time


ENVIRONMENTAL REVIEW


It has been determined that the conditional         pemut application is statutorily exempt from
                                                     use


environmental review in accordance with the California Environmental         Quality Act CEQA
guidelines       Section    15270 Projects Which Are Disapproved

PUBLIC OUTREACH


On July  31 2009 an Official Notice was sent to every property owner and occupant within 300
feet ofthe subject site as noted on the latest assessor records Staff has received 10 calls from
                                               s
baz patrons and Haywazd residents in support of approval of the application request The callers
have indicated that Joeann Pepperell contributes to the downtown as a responsible business
owner who donates her time to community and Chamber of Commerce activities However

staff has received five calls in opposition from surrounding property owners and residents who
aze concerned with the disorderly conduct of the patrons and how it has affected their peace

property values and businesses and stated that the presence of the Funky Monkey hinders the
revitalization of downtown especially B Street In addition staff has received a letter of

opposition from Community Prevention of Alcohol Related Problems CommPre expressing
concerns that the Funky Monkey is under investigation by the Department of Alcohol Beverage

Control Attachment G


On January        4 2010    a   Notice of Public   Hearing   for thePlanning Commission was mailed to
every   property      owner  and occupant within 300 feet       of the subject site as noted on the latest
assessor
s                records   and to interested parties Staff has not yet received additional responses


NEXT STEPS


Ifthe   application     is denied the Planning Commission decision can be appealed to the City
                                                s
Council during the ten day        appeal period that follows the Planning Commission decision If
appealed the item          would be scheduled for a City Council hearing in March 2010 The decision
of the City Council        would be final




Funky Monkey
January 14 1010
                                                                                                         Page 8 of9
Prepared by




           J Cai   ire A
                             I3LUt
                           CP Associate Planner
Arlynne

Recommended        by




Richard E Patenaude AICP            Planning Manager

Attachment A               Area and  Zoning Map
Attachment B               Findings for Denial for the Conditional Use Permit
Attachment C               Department of Alcoholic Beverage Control Petition          for Conditional
                           License
Attachment D               Police   Department   Call   Log Legend
Attachment E               Police   Department   Violent Crime   Synopsis   2007
                                                                            2009
Attachment F               Police   Department   Summarization of Orion     Reports   2009
Attachment G               Letter from CommPre

Attachment H               Application   Form

                            Plans




Funky Monkey
January 14 2010
                                                                                                    Page 9 aj9
                   e
                   es          C
                               CC




RS




e
o




                            CC
                            C




                           i
     C
     CC                    o
                                 S




                                                                    Fire Station 1



Area                                  Zoning Classifications
            Zoning Map                RES
                                      AL
                                      GENT
2009
PL CUP
0363                                  RS      Single Family Residential
                                                            m
                                                            esooo5ge
                                                            iot5
Address          22554 Main Street    CENTRAL C
                                              TY
                                      C
                                      CC      Central
                 Joeann                                 City Commercial
Applicant                 Pepperell   CC
                                      P       Central   City Plaza
Owner            Adams     Adams      R
                                      CC      Central   City Residential
                  Max Morriss         OTHER
                                      PD      Planned    Development




          FEET       2OO        4OO                                ATTACHMENT A
                                                FINDINGS FOR DENIAL


                                                        2009
                                                        0363
                              USE PERMIT APPLICATION NO PL
                                               Joeann   Pepperell Applicant
                                              Beng   and Ngan Chan Owners
                                                      22554 Main Street


                                         to Collect        Cover
                                                               Charge        at   an
                                                                                       Existing     Bar
                             Request                   a


                                                        Funky Monkey

This   project would         not   cause a
                                             significant impact    on   the environment        as   it isstatutorily exempt
from environmental review pursuant to Section                   15270 Projects         Which Are        Disapproved of the
California Environmental Quality Act CEQA                       guidelines

Findings     for   Approval        of the Conditional Use Permit        Application

     a     The   proposed      use   is desirable for the    public   convenience       or   welfare

     b     The   proposed      use   will not   impair the   character and       integrity   of the   zoning       district and

           surrounding       area


           The   proposed            will not be detrimental to the
     c                         use
                                                                          public health safety              or   general welfare

     d     The   proposed      use   is in   harmony applicable City policies          and the intent and purpose of the
           zoning   district involved


Staff is of the     opinion      findings for approval cannot be made Although
                                   that the

entertainment activities are encouraged and in contributing to the economic vitality of the

downtown police activity as shown in Attachments D E and F of the staff report has shown
that the number of incidents associated with the Funky Monkey
                                                                   involving public drunkenness
violence and threats or assaultive behavior directed at police officers has increased over the past
two years The result is a burden Hayward Police Department and law enforcement
                                                                                        agencies of
neighboring jurisdictions In addition these types of incidents discourage customers from
patronizing businesses in nearby areas resulting in a loss of sales tax revenue and City of
Hayward resources

Funky Monkey          is   required    to adhere to all of the conditions of approval of the ABC license

However       the license also states that the          Hayward Police Department has provided substantial
evidence that      an   identifiable
                                  problem            which exists The license is currently under investigation
by   the   Department      of Alcoholic
                                     Beverage Control                 Because it is under       investigation         and due to
the excessive      number of police incidents it is clear             that the               of approval of a
                                                                                 granting                             cover

charge     which is  intensification of use would be detrimental to the public health
                        an                                                                                                    and
                                                                                                                     safety
general    welfare Approval of a cover charge would condone the current security

mismanagement           of the     Funky Monkey       and the                conduct exhibited                   the customers
                                                                disorderly                                  by




                                                                                                                   Attachment B
                                              of the   City
                                                       s      General Plan    require   the continuation of the
The Land Use Policies and      Strategies
implementation     of the Downtown  Design                                    Plan As stated in the
                                                   Plan and the Core Area Specific
Core Area Plan The consumption of alcohol is a part of community life As we look to the
                                                              related
future of downtown Hayward preventive planning to avoid alcohol problems must be

recognized as an essential element in the revitalization process It is important to manage alcohol
availability in our downtown in a positive way that enhances the economic and social character
of this vital area of our City The successful revitalization of downtown will likely include new
restaurants and entertainment facilities many of which will sell alcoholic beverages and will

hopefully become an asset to downtown Policy makers should be afforded the opportunity to
review and impose conditions of
                                   approval for certain alcohol related outlets to insure such uses
 are not a detriment to the downtown The Police will set forth criteria and regulatory measures

 for the establishment and operation of certain alcohol related outlets The Specific Plan Area
would be subject to the ordinance Additional programs such as responsible server training for
business outlets and event sponsors may also            are   considered   to ensure the effective   management
                              2
of the availability of alcohol


The  policies encourage Planning Commission review to assure that a commercial alcohol
                                                                                    related
business is responsibly managed Businesses that are mismanaged do not contribute to the
revitalization of downtown The request to intensify a mismanaged security risk and the over

serving of alcoholic beverages would further negatively affect the vitality and revitalization of
downtown Hayward Funky Monkey customers who are ejected by security staff from the bar
have been known to loiter and create problems for adjacent businesses and residents Public
intoxication and disorderly conduct also discourages potential patrons of adjacent business and

impacts the feeling of safety and security of surrounding residents




    City of Hayward Genera Plan Land   Use   Element Land Use Policies and Strategies                   18
                                                                                        Downtown Area p 2
z
    The Core Area Plan p 28
                                1V1           lcAVr
                                              vr vn
                                      V11VL11 1fL
                        llEPAK1 ML VN ALl          rvi
                                             r     bT     TY nn n
                                                          M             T Trnnwn
                                                                                                         5106224990           P
                                                                                                                              01
    OCT 16 54
    23
    2006                             ORKLf7ND
                                     RBC

                                                        BEFORE THE

                        DEPARTMENT OF ALCOIiOLIC BEVERAGE                              CONTROL
                                OF TiiE STATE OF CALIFORNIA




In the Matter of the                    of
                       Application
                                                                                  444612
                                                                             File 48
                                                                 J
BABY  DOT INC
DBA The Funky Monkey
22554 Main St

Hayward CA      94541
                4102
                                                                                      PETITION FOR
                                                                                      CONDITIONAL
                                                                                        LICENSE

For issuance of an On General Public Premises
                   Sale


Under the   Alcoholic Beverage    Control Act


                                                              for the issuance of the above license for the
                                                                                      to
                                                                                      referred s
WHEREAS petitioner has filed an application
        s have
mentioned
above premises and

                                                                                             substanrial evidence of an
WHEREAS the Hayward Police Department has provided the Department with
identifable problem which exists at the premises or in its immediate vicinity and


                                existing unrestricted   license would be contrary to public welfare and morals
WHEREAS transfer       of the


WHEREAS pursuant        to Business and Professions Code Section 23800       e the Department may grant a license
transfer where the transfer with condition will   mitigate problems identified by the local governing body or its
designee and

WHEREAS petitioner stipulates that by reason of the existence of substantial evidence of identifiable problems                          at

the premises or its immediate vicinity grounds exists for denial of said license transfer and

WHEREAS petitioner intend to exercise privileges
        s                                                    of the in
                                                                license         an   exterior    patio   area   and


NOW THEREFORE the undersigned petitioner doldoes hereby petition                       for       conditional license          follows
                                                                                                                         as
                              s                                                              a


wit
io


                                  contracted t7trough
                                  be                        any or
                                                            outside independent promo
1
       lt
       sha
       ntertainmont
       not                                                                      tei
2


                                                                      in this condition shall be construed        to   restrict the
        e


        ability of the licensee to sponsor charitable events    or   organizations   or to assist in efforts to raise money for

        any particular charity at the licensed premises




s
Petitioner Initial




nnc z si9a

                                                                                                                ATTACHMENT C
                                                                                                                        Si0622a990           02
                                                                                                                                             P
    OCT 16
    23 Sa
    2006                                   RHC
                                           ORK
                                           RND



45
444612
BABY DOT 1NC


Page   2




3          The   premises    shall not be rented to       an   outside   or   independent promoter

4          The sale of alcoholic beverages for            consumption         offthe   premises is strictly prohibited
                                                                                                                           arrrr        Y

                                                      57 09
                                                          13
                                                          06
                     entertatnment iii th aroa on the ABC dated
                                           r
                                           w
                                           b                                                               Y


5          jNohive   wtllibe patio asdefined
                     allpwed

                                                                                                               lses of
b          The gate located at the rear of the exterior patio area shall be kept closed at all times except in c
                                                                                 and egress to and from the premises
           emergency This gate shall not be used for routine patron ingress

                                                                               06shall not be modified
7          The exterior patio dimensions                                       13
                                            enclosure as depicted on ABC dated 09
                                                                     257
           in any way unless formal notification is made to the Department


                                                                                            restricting   removal of alcoholic       beverages
8          Signs   will be                 exits
                             posted on all entrances of the patio                    area




           The patio area shall be under the            supervision of the licensee
                                                                           s                    or   employee during
                                                                                                     s                       its   operation

                              entranees shall be no
                              exits                                       than four 4j feet in width
10         Exterior   patio                                       more




                                                                                     shall be permitted        only between    the hours of
11         Sales service and      consumption of alcoholic beverages
           10 AM and Ol 30 AM each day of the week
           00


12                           bapds
           There shall be no live          other musical entertainment excludliig karaoke aiid tltsc jockey playing pr
                                              or

           recorded music                                             valid usc
                                unless licensee obtains and maintains aconditional permit allowing same
                                the
           fi the Ciy of l
           om            d
                         1t
                         Iaywai

13         e nC doorrAras
           Theromandatoryeven4s fisted below unless
           shall b exceprfoYCharitable
                   cover
                   charge                    th


For the purpose of this section a charitable organization is an organization that has been granted charitable status

by the Internal Revenue Service The licensee shall provide the Hayward Police Depasment with the name of the
charitable organization at least 14 days  before the scheduled event Payment of door or admission charge for entry

during  such a charitable event shall be voluntary and no person shall be denied admittance solely because they
chose not to pay the cover         or   admission       chazge

 14        No    happy hour      type of reduced         price   alcoholic    beverage promotion          shall be allowed


 15        Loitering loitering     is defined      as   to stand    idly about linger aimlessly without            lawful    business       is
                                  sidewalks
                                        property adjacent
                                              or                              to   the licensed   premise      under   the control of the licensee
                                                                                                                                          s
           prohibited   on any

           as    depicted on                 3
                                             1
                                             06
                               the ABC dated 09
                                   257



                                   v
 Petitioner Initial
 s


 AIIG t 72 5194
                                                                                                                       5106224990           03
                                                                                                                                            P
     23
     2006
     OCT                 16 54                 ORKLRND
                                               RBC



444612
4Q
BABY DOT INC


Page   3




16         The Petitioner shall post and maintain
               s                                                  a   professional quality sign facing      the    premises parking lot that
                                                                                                                                    s
           reads as follows


                                                    NO   OITF NO
                                                         ILITTERING
                                                         RING
                                             NO DRINKING OF ALCOHOLIC BEVERAGES


                                               VIOLATORS ARE SUBJECT TO ARREST


           The          shall be   at   least two feet square with       two   inch block lettering       The   sign   shall be in   English   and
                 sign
           Spanish

                                                      nude    dancing            male        female   performers        the   premises
17         There shall be no       topless dancing                          or          or                         on




                                                                  premises       unless the licensee obtains and maintains               valid dance
18         There shall be    no   dancing allowed      on   the                                                                      a


           permit from     the   City of Haywazd

This            conditional license is made pursua to the provisions of Sections 23800 through 23805 ofthe
       petition for                          tt
Business and Professions Code                                                      premises
                                and will be carried forward in any transfer at the applicant

Petitioner agree to retain a copy of this petition on the premises at all times and will be prepared to produce it
s s
immediately       upon the request of any peace officer

                                                                                                                                for the
The petitioner understand that any violation of the
    ss                                                                      foregoing condition shall
                                                                                      s                         be   grounds              suspension
or   revocation of the     s
                           license


DATED THIS                   2                        DAY OF                            C                                                 2006




Ap     Petitioner
       ant                                                                            Petitioner
                                                                                      Applieant




AUt 112    5194


                                                                                                                                                03
                                                                                                                                          TOTRL P
         HAYWARD POLICE
          Call   Log Legend
 ABC       Alcohol   Beverage     Control enforcement

C8 8
Code                 Request for cover
 CELL        Generates generic incident number

  FA                         Fire Assist

  FU                         Follow up

 HTC             Hayward traffic       code violation

 S
 H                 Narcotic
                   Dru                  violations
  LS                  Stolen
                      Lost               re   ort

  OA              Outside    a   enc     assistance
 SSto                Sus ect     Person       sto
 TSto                       Traffic sto
 7r
 7
 10               Out of  report
                          service writing
 14
 10                  Citizen holding suspect

 19
 10                     Return to station

w
r
29
10                Warrant check and or arrest

 1033                Building    alarm check

 1042                      Welfare check

 1056T                     Suicide threat

1059
1059x              Patrol check
                          Extra                  atrol
 1066                  Suspicious       person
 1154                  Suspicious      vehicle

 1159                      Does not exsist

 1194                Pedestrian
                     Person stop

148 PC                 Resisting        arrest




                                                 ATTACHMENT D
  166 PC           Restraining order violation
  211 PC                         Robbe
242   r PC   Assault   on a    erson          re
                                          ust occurred          ort
  243 PC         Assault      on an    Officer       w     in
                                                           u
  245 PC                       deadl
                       Assault w                 wea       on

 273 PC
 5                Domestic violence with                 ury
                                                         in
  415 PC                       Disturbance
 415c PC                Ascertain     a   disturbance
 415d PC                 Domestic         ar   ument
  415r PC                 Disturbance          re    ort
 415u PC                 Unwanted person
                                  s
  459 PC           Burglary ar auto report
  470ID                   Identity theft
  484 PC          Petty theft jjust occurred
  594 PC          Vandalism j ust occurred
 594   PC         Promiscuous Shooting gun
 647b PC                       Prostitution
  647f PC                     Drunk in         ublic
10851r CVC               Stolen vehicle         re    ort
R10851 CVC             Recovered stolen vehicle
20002 CVC          Hit and     run   vehicle accident
23152 CVC                              and
                         Drinking              driving
                                      Funky Monkey
                                      22554 Main St

                        Summarization of Orion              Reports 2009

                      Date    Time                                        Synopsis
                                         l
                                        y
AD or   Rptrtumber                                                        3




01102
2009                 16
                     1
                     2009     0033      Bar   security called HPD requesting help with unruly patrons
                                        Off contact S who refused to leave                    S     was   in drunken           j
                                        condition Drunk Arrest

01101
2009                 16
                     1
                     2009     0033      Bar security called HPD requesting                help     with   unruly patrons
                                        Off contact     S   who refused to leave              S     was   in drunken

                                        condition Drunk Arrest

O1S00
2009                 1
                     19
                     2009     0130      V parked his vehicle         on   Main St while he went to bar When

                                        he returned to his vehicle he found it had been vandalized

                                        Vandalism       Investigation
2009
01654                1
                     23
                     2009     2355      Off conducts      security   check of bar and watchs               S stagger out
                                        of the front door S is found to be in                  a   drunken state       Drunk

                                        arrest

02518
2009                 1
                     27
                     2009      1130     V     contacted HPD the       following day reporting               her wallet was

                                        stolen    while she   was    in the bar       V   stated her bank        reported
                                        fraudulent activity     on   her bank account               Forgery Fraud
                                        investigation
02133
2009                 1
                     30
                     2009     2322      Bar security called HPD requesting help with unruly patrons
                                        Off contact S who refused to leave S was in drunken

                                        condition who admitted            to   drinking shots and beer in bar
                                        Drunk Arrest

2009
02245                2
                     1
                     2009     2309      Off contact     S   who was reported to be                 an   unwanted guest at

                                        bar    S   was   found to be in        an   drunken condition          Drunk arrest



02660
2009                 7
                     2
                     2009     0108      Off   dispatched to contact security at bar regarding                   an   unruly
                                        customer        Security had S removed from bar Off determined
                                        the   S   was   drunk admitted         to   drinking       at home then

                                        consuming three drinks at bar Drunk arrest


02658
2009                 7
                     2
                     2009     0030      S    was   contacted by HPD creating                  disturbance at bar
                                                                                          a                            S
                                        was   found to have     an   outstanding       warrant for his arrest

                                        Warrant Arrest




                                                                                                          ATTACHMENT E
03307
2009    2
        2009
        14     2353   69 Resisting Executive Officer 2438 Assault                      Aggravated
                                                                      2
                      Officer 647E Drunk in Public 242 Assault Simple 1203
                      Probation Violation Several HPD units                  were       dispatched to the
                                             at the scene 2        Subj in custody and transported
                      Funky Monkey
                      as                                              sOwn
                           Officers enter TFM the bar full of patrons Devil

                      Motorcycle Club         members and Nortenos patrons 100

                      majority intoxicated became unruly throwing bottles and
                      glasses   across     bar officers directed by security into bar
                      because of     fight   and    large unruly crowd            as   officer   detaining
                      Subj and exiting bar another Subj punched officer S                            was


                      arrested for assaulting officer



2009
03305   14
        2
        2009   2245         S
                      11377 H        Narcotic Drug Felony Poss                   2
                                                                                 1203 Probation

                      Violation Security        at the   Funky Monkey identified 2 MA in
                      their Veh with suspected Methamphetamine contacted HPD

                      and notified them of substance                one    Subj    on   probation both
                      transported     to   HPD computer check revealed active
                      probation substance tested positive for Methamphetamine


2009
03952   2009
        21
        2      2100   Lost Stolen Property Report Vic contacted                         HPD to    report her
                      credit card and drivers license removed from her purse while

                      visiting the   bathroom of The              Funky Monkey          VIC left her purse

                      on   the doorknob of the         bathroom           she exited the bathroom
                      for approx ten minutes when she returned to get purse items

                      were gone Vic requested report did not know numbers of

                      credit card    or   drivers license


2009
03913   2
        22
        2009   2242   Info Report Officer          dispached       for disturbance at the          Funky
                      Monkey fight         at the   bar Security Guard stated WMA                   cut off at

                      the beer and asked to leave             as    the   Subj   was    leaving    the bar he
                      called the HPD officer unable to confirm incident



2009
04260   2009
        2
        27     103    148 Resisting Arrest HTC Subj BMA contacted in the
                                                                                                     parking
                      lot of the   Funkey Monkey            for   excessively spinning           vehicle

                      wheels upon         contact    Subj   became combative and resistant

                      Subj eventually        taken into     custody by      the    use   of ECD Subj
                      observed spinning tires in            parking lot Subj           refused commands
                      to turn off Veh when          approached during the attempt                   to

                      handcuff Subj Subj resisted transported to St Rose Hosp via

                      AMR
2009
04675   3
        2009
        4      2030   647E Drunk in Public Officer approaches the Funkey                                     Monkey
                      and observed           a   female patron and              a   door      man   in front of bar

                      creating    a   disturbance female stated she had gotten into
                      altercation w male in bar and threw                            a   drink in his face     as


                      officers   were    talking        to female WMA exits                    bar questions
                      officer and became confrontational Subj asked to                                     move on


                      and   Subj refused Subj             had signs of intoxication                  transported       to

                      HPD



04882
2009    7
        3
        2009   2340   1029M Warrant Service Subj BMA contacted                                      as a   witness to     a


                      shooting    at The         Funkey Monkey identification and records
                      check revealed bench warrant



2009
05812   2009
        3
        19     2311   148 Resisting Arrest In front of the                        Funky Monkey             bar while

                      Officers   were        detaining        4   Subj HFA with signs of intoxication
                      told to put hand            on    her head turned to resist or get free from

                      officers grasp

2009
05815   3
        20
        2009   0015   647E Drunk in Public 4 persons contacted for                                smoking      in

                      public also holding bottle of beer while proceeding                                   to issue

                      citations and arrest              one   for drunk in          public      FMA became          upset
                      and   was   screaming causing                  a   disturbance           showed signs of

                      intoxication arrested transported                         to HPD



2009
OS814   2009
        3
        20     0015   647E Drunk in          Public      While      conducting            a   security check    at the

                      Funky Monkey Subj                 observe      holding        a    bottle of beer and

                      smoking     in the         rear   patio area         area     contained approx 20
                      people     at   time Subj became agitated while identification                                was


                      being checked              had signs of intoxication arrested for another

                      outstanding misdemeanor warrant                               transported       to HPD



05813
2009    20
        3
        2009   0050   1029M Warrant Service BMA arrested for
                                    Misd                                                              outstanding
                      warrant at The             Funky Monkey while drinking and smoking in
                      the patio       area   of the bar
2009
05907   3
        2009
        21     0027   5Domestic Violence
                      273                                                   Officers
                                                                  Injury                   approached        while at
                      The Funky Monkey by female to report that she had been

                      slapped    3 times in the face                by    her   boyfriend BMA
                                                                                SUS                             denied

                      incident admitted             having several           alcoholic         beverages      in the
                      bar transported             to HPD



06187
2009    25
        3
        2009   0140   1029M Warrant Service Suspect HMA transported to
                                    Misd
                      HPD after records check revealed he had a warrant



2009
06463   3
        2009
        29     0047   148   Resisting Arrest             BMA identified              as   drunk in public by

                      Officer during         a    domestic disturbance investigation during

                      the arrest another BMA approached Officer                                 closed
                                                                                                w fists              and
                      while yelling after several verbal commands
2009
06911   2009
        4
        3      1130   242 Assault       Simple     VIC reports       an   assault that occurred inside

                      The    Funky Monkey VIC             WFA at bar        having drink w friend                as


                      she   was    confronted       by another       female she turned her back

                      towards SUS SUS then              punched       her   pulled      her    hair   SUS

                      identified by VIC          follow conducted report
                                                 up                                           made



                                                                                                      to
2009
08377   24
        4
        2009   1219   Report of 243 Assault Aggravated Officer responds                                    report
                      of assault at The          Funkey   Monkey HFD and AMR at                      scene


                      treating Subj Subj
                               BMA                        beaten up          4
                                                                          by 3BMA              in   parking lot
                      Susp LS headed towards              A   St   Subj    Vic   transported          to Eden

                      Hospital
2009
08994   2009
        5
        2      2306   11377 H
                            S           Narcotic Felony
                                        Drug                             Poss At the entrance of the
                      bar at 22554 Main St BMA                   being   searched before             entering
                      the    bar   while emptying         pocket Subj       had    a   pill   of Ectasy

                      contained in         a   yellow cylindrical container HPD notified of the
2009
08992   2009
        5
        2      2221   11350 H Narcotic Felony Poss Officers
                            S                                                          respond       to    Funky
                      Monkey reguarding disturbance Security officer at location
                                                  white plastic bottle
                      detaining Subj BMA observed w
2009
08942   5
        2
        2009   1230   647E Drunk in Public WMA                   arguing w Security             at front door

                      of The    Funky Monkey Subj                asked to leave bar refused to do

                      so while      observing Subj Subj            had signs of intoxication

                      transported          to HPD

2009
09280   2009
        5
        6      1907   647E Drunk in Public Officer detailed to Muni lot 2 after

                      report of female           drinking   in   public   upon arrival         woman seen


                      going    into   bakery      at exit of     bakery   female       unsteady          on   feet
                      staggering        towards    sidewalk        futher examination revealed

                      obvious signs of intoxication                transported to         HPD after        being
                      identified      by   informant



09757
2009    2009
        5
        8      2000   Lost    Stolen Property Report               Subject   left his black leather

                      jacket   on a     chair inside The         Funkey Monkey approx value
                      200      front bridge valued at             1000 no witnesses
2009
09443   8
        5
        2009   2300   Lost    Stolen Property Report WMA                           at The
                                                                            was                Funky Monkey
                      Bar and said when he was                dancing w      two       BFA     one    of them
                      stole his wallet from his back pocket approx 32 in wallet and

                      mist items officer attempted to review survielance                              camera       of
                      incident and told not          working       Security told officer he saw VIC
                      dancing w two female              and asked them if              they took wallet
                      said no      no   other evidence



2009
10511   2009
        5
        24     0124   1029M Warrant             Misd
                                                Service BMA                 seen   jaywalking            IFO The

                      Funkey Monkey computer check determined outstanding
                      warrant transported to HPD
2009
10510   5
        2009
        24     0120   1029M Warrant Service 647E Drunk in Public Officer
                                    Misd
                      was    notified      by citizen   IFO The Funkey           Monkey         of   a   person
                      that   was   sleeping in car after           contact   Subj determined to be
2009
10509   5
        24
        2009   0100   647E Drunk in Public Large group involved in                     fight   in   parking
                      lot of TheFunkey Monkey BFA yelling profanities and pushing
                      another female Subj showed signs of intoxication transported

                      to HPD

11034
2009    2009
        30
        5      2315   148 Resisting Arrest Officer driving North                 on    Main St observe

                                                                                       to   fight    IFO The
                      group of males        arguing    and     yelling preparing
                      Funkey    Monkey          argument escalates BMA begins making
                      racially motivated accusations towards officer while large
                      group   gather around Subj charges                officer and resists

                      transported     to HPD

11042
2009    5
        2009
        31     0129   647E Drunk in Public Officers arrive to observe The                        Funkey
                      Monkey security guards forcefully taking                   a   male and female

                      out    BFA   yelling profanities stumbling showing signs of
                      intoxication placed under            arrest and taken to HPD




2009
11041   5
        31
        2009   0125   647E Drunk in Public In the parking lot of The Funkey                          Monkey
                      BMA yelling at female then at Officer                 telling    officer it    was

                      none   of his business BMA showed signs of intoxication stated

                      he had been drinking all                    at The   Funkey Monkey
                                                        night
                      transported        to HPD

11039
2009    5
        2009
        31     0115   1029M Warrant Service Subj
                                    Misd                                was     contacted because he

                      was    smoking IFO The Funkey Monkey records check
                      determined         Subj   had warrant from Sonoma County Courts

                      transported        to HPD

2009
11038   2009
        5
        31     0100   647E Drunk in Public Officer observed HMA                       standing       next to

                      the wall the       Funkey Monkey parking lot preparing                    to urinate

                      on   the wall after contact          Subj   said he was about to urinate

                      Subj   had   signs   of intoxication transported to HPD



11494
2009    6
        2009   0007   242 Assault Simple WMA assaulted in the                        parking    lot of The

                      Funkey Monkey             suffered   a   broken   right   front canine tooth

                      and 17 stitches to his          right thumb transported            to Eden

                      Hospital by AMR The Funkey Monkey Security Guard called
                      HPD to     report the incident and stated             a   male   was     assaulted
                      said VIC     was   intoxicated other reports           state there was a fight

                      between VIC and           a   male       t
                                                           VIC doesn remembers


11552
2009    2009
        7
        6      0150   1029M Warrant Service BMA contacted for
                                    Misd                                                       Jaywalking
                      IFO The      Funkey Monkey Subj search determined                        warrant from

                      So San Francisco Municipal Court               Transported         to HPD



2009
11550   7
        6
        2009   0138   647E Drunk in Public WFA observed                    walking staggering           on

                      Main Stand         holding    onto   wall IFO The Funkey Monkey to
                      keep   from    losing     her   balance     stated she had been drinking at
                      The    Funky Monkey           arrested and transported to HPD
        6
        14
        2009          647E Drunk in Public                                  across    st after      leaving
2009
12107          0130                               Subj jaywalking
                      front of The     Funkey Monkey         BMA observed             showing signs           of

                      intoxication uncooperative unable to stand still arrested and
                      taken to HPD

12106
2009    14
        6
        2009   0136   647E Drunk in Public BMA staggering and                     smoking a cigarette
                      showed signs of intoxication           transported          to HPD




12104
2009    6
        2009
        14     0134   647E Drunk in      Public   Officer saw 2 males             arguing      in   parking    lot

                      next to The      Funkey Monkey after separating the two males
                      one   BMA showed obvious            signs of intoxication transported                    to

                      HPD

2009
12103   14
        6
        2009   0131   1029M Warrant Service BMA observed
                                    Misd                                                  standing    outside

                      The Funky       Monkey   Officer     runs    identification          records checks

                      and find out BMA is wanted by Oakland Ca Arrested and

                      taken to HPD




2009
12481   6
        18
        2009   2033   415   Disorderly Conduct During             the Street Fair officer observes

                      HFA               in IFO The
                            standing                 Funkey Monkey yelling and appeared
                      to be   fighting w
                                       group         as   male     was      trying   to   separate     HFA

                      from crowd Officers later learned HFA                   was    upset due        to ex

                      husband inside bar       w   another       woman
                                                                               Subj   detained

13583
2009    7
        2009
        3      0135   647E Drunk in Public BMA exiting The                    Funkey Monkey            starts

                      yelling   at   Officer appears intoxicated told by Security they
                      had to escort BMA out of the bar told                   Subj intoxicated          told to

                      leave but went to parking lot and began yelling while swaying

                      Transported       to HPD

14053
2009    7
        11
        2009   1215   1029M Warrant Service WMA observed
                                    Misd                                                   standing
                      outside The Funky Monkey Officer                  runs   identification records
                      checks and find out WMA is wanted by Fremont Ca Arrested

                      and taken to HPD

14517
2009    2009
        7
        17     0119   647E Drunk in Public HMA            standing       to rear of The         Funky
                      Monkey smoking Officer approaches and is met with strong
                      odor of alcohol and observes               Subj   has wet      clothing appeared
2009
15259   26
        7
        2009    109   647E Drunk in Public 148 Resisting Arrest BMA to the                             rear of


                      TFM leaning       against   wall    Subj    had   a   wet   spot    on   the front of

                      his pants using wall to brace himself up Check                       on   welfare

                      resulted in determination of intoxication attempt to arrest

                      met   w   resiistance and Subj falling to             ground        Coritinued to

                      resist uncooperative refused               to   provide statement taken                 to

                      HPD




                                                                                                                     s
2009
16175   2009
        8      1252   148 Resisting Arrest 69 Resisting Executive Officer Officer

                      detailed for direct enforcement HPD Patrol Officers                            were


                      conducting         a   245 during Dance Club type                 venue    patron
                      stuck in face          w   bottle while bar       patrols     started    exiting   and

                      threating the officers in a riot like                 manor      During the     skirmish

                                                                                                arrests of
                      Subj   exposes herself and             yelling   at   officer during
                      other Subj exposing female               approaches          officer in   an   attempt
                      to   prevent officer from arresting her friend during                      arrest     Subj
                      resisted later transported              to HPD




16173
2009    2009
        8      1240   148 Resisting Arrest Officer assist                   on an   Assault    w
                                                                                               deadly
                      weapon       investigation         at the   Funky Monkey           BFA    approached
                      officer because of            an   arrest of her      sister told   to go to her car

                      several times Subj swings and hits officer                       w hand        resisted

                      after told she          was   under arrest taken to HPD



2009
16171   2009
        8      1219   245 Assault Deadly Weapon Offcer arives                           on scene     at The

                      Funky Monkey approx 50 Subj in front of bar group of black
                      females involve in argument that leads to                        fight   one   BFA struck

                      w bottle laceration              to   face treated by Medics both fighting
                      Subj appear        to be      intoxicated Subj         unsure    which female hit

                      her surveillance           footage     reviewed



2009
16272   8
        9
        2009   1022   1029M Warrant Service Officer observed                           Subj smoking      IFO

                      The    Funky Monkey             A records check revealed            Subj had a
                      outstanding            warrant placed       into custody and        transported       to

                      jail
2009
16252   8
        9
        2009   1258   647E Drunk in Public Officers observe Subj                        jaywalking      across

                      Main St from front of The               Funkey Monkey Subj               stumbled

                      while   walking Upon contacting Subj                     obvious signs of

                      intoxication lead to            placing Subj under         arrest and     transporting
                             to
                      Subj        jail
2009
16249   8
        9
        2009   1235   647E Drunk in Public Officer                driving     on   Main St observer

                      Hispanic Female standind                next to       building   IFO The   Funky
                      Monkey Subj             is swaying back and forth and using the wall to

                      keep herself from falling              to the    ground Officers         contact    Subj
                      and based      on       observations determin Subj ability                to   safely care
                      for herself Subj intoxicated unable to walk and placed under

                      arrest



2009
16248   8
        9
        2009   1235   647E Drunk in Public Officer                conducting security           check at The

                      Funky Monkey notice                WFA   standing       next to    building     The WFA

                      is   circling pacing          and swaying IFO location After contacting

                      Subj Officer determined Subj intoxicated Placed into custody
                      and transported for             booking to       HPD
16779
2009    2009
        16
        8      0108   1029M Warrant Service While standind outside the bar                                   Subj
                      was    contacted for          a violation     of the   City   of Hayward            Smoking
                      Ordinance           During    a   records check discovered              Subj    had   a


                      outstanding         warrant

2009
17164   8
        2009
        21     0136   647E Drunk in Public Officer apprehends Susp outside The

                      Funky Monkey           for    public   intoxication Susp Hispanic male                     was


                      stumbling       after    exiting bar and laid down                on    bench and

                      appeared       to fall   asleep Susp          taken to Jail



2009
17828   2009
        8
        30     1259   242 Assault         Simple        Officer detailed to Kaiser to investigate                   a


                      reported Battery that occurred                  at   The   Funkey Monkey
                      Reporting party says he was beat up                     by    a   couple     of Security

                      Guards at TEM Subject says he                   was    involved in          fight   with

                      another patron           was      winning separated by security then beat

                      up by security Subj then changed story Security says they just
                      secured the bar and maintained the peace



2009
17933   8
        31
        2009   0342   647E Drunk in Public Officer apprehends Susp outside The

                      Funky Monkey            for   public   intoxication

2009
18302   9
        5
        2009   1247   242 Assault Simple 647E Drunk in Public While driving                                 on

                      main street officer approaches Funky Monkey and hears                                     a


                      disturbance long             line at front door and           subjects arguing             male

                      is   yelling   at   Security Guard and          a    physical     altercation        occurs

                      Patron of bar was intoxicated and involved in altercation

                      Shoving between           the Security Guard and                  a   patron ensues and
18882
2009    2009
        9
        13     0140   647E Drunk in Public While                   monitoring       foot traffic Offercer

                      observes Male yelling at people and                     chalenging people             to

                      fight    Officer was in the           rear   parking    lot and approached Susp

                      to   request ID Susp displayed strong signs of intoxication and
                      placed Susp         under arrest



61580
2009    2009
        9
        19     2235   Patron of the bar         was       setting   at the bar and           put his phone
                      down     on    the bar while  talking          to friend When turned around

                      to retrieve         phone phone was gone               no    witnesses Person

                      called   phone answering party                 says phone             was   theirs Black

                      slider phone         w   red trim 300 dollar value
20889
2009    2009
        10     0123   647E Drunk in Public Officer detail for assault in progress in




20889
2009    2009
        10     0123   647E Drunk in Public Officer detail for assault in progress in
                                                                                           front entrance
                      parking lot      at arrival 30     people standing         near


                      w   15 in     parking lot    as   the officer instructs crowd customers

                      become        belligerent    and hostile One patron then exit bar

                      intoxicated and leaves with friends then                    returns to incite

                      other patrons       by being belligerent yelling               and hostile towards

                      police Subject         arrested



2009
20884   10
        2009   0028                                                        S
                      647E Drunk in Public Officer in parking lot observes 4 BA

                      persons       creating disturbance screaming               and      yelling   while    a


                      battery     had occurred to another person 1 BFA arrested due to

                      intoxication

20885
2009    2009
        10     1215   1029M Warrant Service While                  investigating       a   Battery that
                      occurred outside The           Funky Monkey          Officers detained           one


                      Suspect
2009
21062   13
        2009
        10     1238   647E Drunk in Public Male subj sitting in                  one car      arguing with
                      another female         subj   in another      car   Male intoxicated behind

                      wheel    w child in      car   Male also was searched and had addition

                      alcohol       Subject transported       to   jail for booking


2009
21285   2009
        16
        10     1237   647E Drunk in Public Officer            driving     thru   parking      lot observes

                      male staggering         to his vehicle and sit in the driver seat                 Due      to

                      state of Subj      placed     under arrest

21966
2009    2009
        10
        25     0200   243 Assault Aggravated Two related patrons after                           having
                      drinks at the bar exit and           one   engages in      a   physical fight
                      outside with       a   group of unk males The          fighting patron           is

                      knocked unconscious his cousin                 moves       him      across    the street

                      where     a   BMA the     same one      that hit the cousin hit him              w     a

                      closed   fist    both related patrons then leave The result                     was a

                      broken jaw to the cousin that              was   not involved in the initial

                      fight   Suspect works         as a   Security Guard        at establishment




2009
23257   11
        13
        2009   1122   647E drunk in       public    Officer driving south            on    Main observes
                      three females       walking north later identified Behavior of                        orie

                      female caused officer to stop to inquire what                        was   needed One

                      female extremely intoxicated created officer to request

                      assistance       fire and ambulance to
                                                taken                            Eden Hospital


23264
2009    14
        11
        2009   0200   Drunk in public 12020 PC Weapons Poss Unlaw A male                                was


                      staggering north        on   Main St upon        viewing       the    Subj w a knife
                      folded knife open and tucked in waistband                       was    observed       on

                      the SUBJ Subj also resisted arrest
23260
2009    11
        14
        2009   0130   242 Assault     Simple      Officer sent to         Funky Monkey         for battery

                      in progress At arrival           12 patrons
                                                       15                  pushing    each other

                      rapidly dispersing         while officer      spoke   to    Manager onduty
                      Manager uncooperative and smelled of                        alcohol only vaguely
                      discribing incident        two     patrons escorted out of bar and
                      people     involved She tells officers they             can   leave



2009
23737   2009
        21
        11     0130   Two males got into          a   fight   inside the bar the Security Guard

                      attempted      to break up the           fight   when   a   girlfriend   one    of the

                      fighting   parties punches the guard As group of patrons leave
                      bar officer views group exiting bar and uniformed Security
                      outside    detaining    one      female      yelling loudly    at the    guard     and

                      fall into small     planter box intoxicated patrol transported                        to St

                      Rose    Hospital


2009
24363   2009
        11
        29     0042   Off contacts suspicious male in car parked to                    rear    of bar

                      Subject found        to have     multiple narcotics         warrants for his

                      arrest     Warrant Arrest

2009
24382   29
        11
        2009   2336   Victim left    car   parked in parking lot behind bar around 2130
                      hrs When she returned to hit at 2336 hrs the                         car was     gone
                      Stolen Vehicle Report

25611
2009    2009
        12
        6      0110   Off contacts suspicious male in               car   parked    to rear of bar

                      Subject found to havewarrants for his arrest vandalism
                      resisting arrest Warrant Arrest
25668
2009    12
        2009
        20     0135   Off watches large group of customers leave Bar congregate in

                      Muni 2 Aloud argument breaks out among group

                      necessitating                                 s
                                          officer to break up group Off contact                      S   who

                      is   source   of disturbance            Suspect refuses      to ID   himself     is
                      drunk    argumentative           and fails to follow directions of officer

                      S     arrested for drunk and resisting arrest



2009
26111   2009
        28
        12     0200   Off finds     S passed      out in drivers seat of vehicle            parked       in

                      parking    lot to   rear   of bar       S   is extremely drunk unable to
                      follow   simple     directions          S   admitted to     drinking     at   bar fell
                      asleep   in vehicle     S       arrested for drunk
m
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                 O                                   vl
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                 0                                   0
                          August 25      2009

 COMMPRE


                          Ms     Arlynne     J    Camire   AICP
                          City     of Haywazd       Planning   Division
                          777 B Street

                          Hayward       CA 94541


                          RE Conditional Use               Permit PL
                                                                  0363
                                                                  2009 Joeann Pepperell
                          Applicant          Adams          Adams     Max Morriss     Owner
                          Deaz Ms      Camire

                          I
1558 B Street Suite 201
                              am
                                   writing   to   express CommPre opposition to intensify the operations
                                                          s
                          of the    existing Funky Monkey         bar located at 22554 Main
Hayward CA 94541                                                                              Street Hayward
510 685
    8743
    1848
510 885 fax               We    aze
                                      opposed     to the
                                                  applicant requests to add entertainment on the
                                                  s
                          grounds that the establishment is currently under
                                                                            investigation by the
                          California Department of Alcoholic
                                                               Beverage Control ABC and the
                          Haywazd Police Department HPD To further comment CotvmPre needs
                          the investigation to be finalized and the findings disclosed as to the
A program of
Horizon Services Inc      disposition of the investigation The findings will allow us to conduct            a

                          realistic and thorough analysis as to the
                                                                    impact of expanding the
                                                                    s
                          business operations


                          As you may know the Funky Monkey has been
                                                                           operating as a nightclub
                          with live disk jockey and a dance floor without proper permits from the

                          City of Haywazd and HPD

                          If you have any         questions please   feel free to contact me directly at   510
                          8740
                          885




                                             iecialist Community Organizer




                                                                                                     ATTACIIMENT G
Jul 09 05 1 121 p       Erandon Chan                                               650
                                                                                   1          1725                    2
                                                                                                                      p
         Sao                     CITY Gx HAYWARD                                       AF rt
                                                                                          lCATION
                                    ANNING
                                    PL DIVISION                                        NUMBER
                    APPLICATION FOR A DEVELOPMENT PERISIT                              TYPE
                                                                                                       7L
                                                                                                         t
                                                                                                             7
                                                                                                             2
                         777 Ei STREET HAYWARD CA 94541
                                                  5007
P
9l1FOP               i0 583arTDD
                        4200               5101917 440 a FAX 51015R4
                                           i                 3tSd9
                                                                                       TAKENBY        Ik     tv
                                                                                                             14
                                                                                                             a
                                                                                                             C
                                                                                       DATE

APPLICANT
S
                                                                                        n
                                                                                        4aee                   5    o00
COMPANY NAI IF
        tE
                       l
                       APPLICABLE                    M o n1                             NEAL
                                                                                        7MATER                 cRARCFs
                        1L                                                              NOTiO EXCEED          lh LIMIT
                                                                                                              I
STREET                     I V a             n


CITY           J
               r
               4                                                                                 t      j            rr



 C
 FA
      NO
      IOI           I
                    JJ            iJ CJ    ZIPCODE
                                           p
                                           3
                                           PHO1V
                                           ENPSL
                                           1
                                           L
                                           STATE
                                           E
                                             f
                                           MAD CELLPHONE
                                               1 D                                                              1


 APPLICANT IN IN
 S REST    E
           T                    PROPERTY    DOWNER
                                                          fk
                                                          LESSEE        OP710NEE         OTHER
 INVOICES TO BE DIRECTED TO          OWNER         PPLICANT
                                                   Q              OOTHER
                                                                                     Please provide nddtess ifother see rwle




 TYPE   S
        OFPERhIIT       OSITEPLANREVIEW        OGENERALPLANAMEND                PARCELMAP        OTRACTbSAP               VARIANCE


 OUSE PERMIT        OADbIIN   USE PERMIT   OZONE   CHANGE FROM         TO          OOTHER

 PROJECT ADDRESS
         OCATIO
         4



 S
 ASSESSOR 1IAP NO                                                                        ZONING       DISTRICT
                                                                                                      a
 PROJECT DESCRIPTION arsch additional shccts iftxcasory




  IHEREBY CERTIFY THAT 1 AM THE OWNER OF RECORD             HEREBY STATE THAT THE FOREGOING STATEMENTS AND
  OF THE PROPERTY DESCRIBED ABOVE AND FURTHER               ANSWERS AND ALL DATA INFORMATION AND EVIDENCE
  THAT 1 A OF THE PROPOSED USE CONTAINED
         PROVE                                              SUBMITTED HEREWITH ARE 1N ALL RESPECTS TO THE BEST
  HEREIN SEE NOTE 2                                                         AND BELIEF       AND CORRECC


                                                             POY
                                                             WLEDGE
                                                             A   G
                                                            SIGNATURE       X
                                                                                                     TJR
                                                                                                     UJE
                                                                                                     r3




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                                                            ApPlicarit                Accounting
                                                                                      0oldrnrod



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