David Hai Tran Council Assistant Office of Councilmember Raul Peralez City of San Jose, District 3 200 E. Santa Clara St. San Jose, CA 95113 (408) 535-4932

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From: George Lahlouh Date: February 9, 2017 at 9:43:54 PM PST To: christopher.rourk@saniose.ca.gov Cc: Dan Phan >. Johnny Wang . eric nielsen < >. "Tran, David" <david.tran@sanioseca.gov> Subject: 1st Street Business Owners in Opposition of Vanity SJ/ FUZ

Hello Mr. Rourk and the Office of Council Member Lan Diep,

My name is George Lahlouh, Co-owner of Paper Plane, located on 72 S.lst Street here in Downtown San Jose. I am writing to you today to express mine, and my business partners, outlook on the future opening of FUZ Bar and Grill.

By looking at the chain of events that have brought us to this point, one can see why so many of the operators located in the S. 1st Street neighborhood have reasons for concern. Ms. Jenny Wolfes as an operator has opened several previous businesses in the Downtown core, which besides their very tasteless and unappealing business models, have been riddled with police issues. These occurrences have created dangerous situations for both her patrons and neighboring businesses. At the last hearing, it was Mayor Liccardo himself who referenced several of these previous occurrences, one of which included providing service to a minor whom, when leaving her establishment, collided into several parked cars before being subdued by SJPD. The Mayor also referenced a known and documented occurrence when a previous employee of Ms. Wolfes was the target of a sting operation that led back to him selling barbiturates out of her establishment.

These types of issues, alongside the permitting and conceptual mutations, FUZ Bar and Grill (Vanity SJ) have undergone nobody knows what to believe anymore. She has had the ability to open as a restaurant with no CUP requirement, yet has chosen to hold off until she her CUP is approved for late night use. Why do we think that is? The original application she submitted was seeking over a 600 person max occupancy for a nightclub style use under the applicant name, Vanity SJ. When denied her application, she continued to alter and adhere to the guidelines set forth by the City Council and Planning Department, 3 hearings later and now

going into the forth, here we are. Who's to say once she has been approved, FUZ doesn't turn into what it was originally intended to be, Vanity SJ? To reference Mayor Liccardo again, he spoke of a case when a club called Wet, located on 1st and San Salvador Street at the time, has numerous stabbings over the course of several months. Despite having a number of violent situations, the establishment was able to retain attorneys and fight the City for over 6 months, before ultimately being shut down. People are being stabbed and almost killed, and it still took 6 months?!?! Cutting to the chase, it is easy to issue the CUP, it is incredibly challenging to revoke it. If Ms. Wolfes is given the right to serve until 2:00 A.M., it is likely her violation track record will be given an opportunity to grow, with little to stop her.

The operators on South 1st Street are not concerned with a restaurant opening we never were. We were concerned about an operator with a dangerous and reckless track record, trying to open a high occupancy night club in the heart of our neighborhood....Something that is most likely to happen if given a permit for late night use. We have concerns for the safety of our staff, our patrons, and our community and absolutely have the right to be concerned. We have worked hard to build up the 1st Street community because we love San Jose, it's home. We don't feel Ms. Wolfes is right for this community and we stand in opposition of her CUP application for late night use.

Thank you for your time.

Cheers.

George Lahlouh Co-Owner

PAPER PLANE

From: jenny wolfes [mailto ] Sent: Saturday, February 11, 2017 3:54 PM To: City Clerk <city.clerk@sanjoseca.gov> Subject: CP 16-05 2-14-17 Hearing MENUS Thai Nguyen a 10 year experienced restaurant operator is subleasing the space he owns 2 existing Craw Daddy's restaurants below is the chef that was hired bio.In Thai's sublease he is required to open for lunch,dinner and have a late night menu offered till closing. He plans on doing dinner starting at 5pm every night and lunch from 11:30am to 2:30/3pm Monday thru Friday. I attached the food menu along with a drink menu that features craft cocktail drinks,Roxie Spice swirls, and dry ice drinks. drinks Randy Toshio Urabe is a fourth generation Japanese american who was trained french at the CCA California culinary academy le cordon bleu sf. He was on the opening team at Silicon valleys Alexanders steakhouse and worked under Michelin stared chef Jeffery stout founder of Alexanders steakhouse and currently of Orchard city kitchen chef stout me a lot of modern cooking Technics and how to use asian ingredients in french style plating After a short stay at Bon Appetit as the night manager he worked at Michelin stared Kaygetsu in Menlo Park and at Kaygetsu worked under master Japanese sushi chefs Toshio sumika and Shin Aioki currently at the head kaiseki chef at Michelin stared Hashiri Kaygetsu is where he learned classical Japaneses cooking I then worked at rosewood hotels at Madera as the Chef De Partie seafood which also received a Michelin Star. From there took a job at Okane Izakaya in San Francisco as the head kitchen chef. At Okane he earned the Michelin Bib Gourmand award for the best bay restaurants under 40 dollars for three courses. He looks forward to his head Chef position at Fuz bar and grill in San Jose. He plans to constantly add new dishes to the menu weekly and constantly expand the menu.

From: jenny wolfes [mailto: ] Sent: Saturday, February 11, 2017 3:55 PM To: City Clerk <city.clerk@sanjoseca.gov> Subject: CP16-05 HEARING 2-14-17 30 % RULE I have had multiple questions and concerns on the 30% rule and just wanted to send you information to clarify how it effects the project. c. New nightclubs and bars that are not open during daytime hours should not occupy more than 30 percent of the street frontage on any one side of the street. Basement and upper story nightclubs are exempt from this provision provided that the entrance to those facilities is clearly the sole use at the ground level along the street frontage. When we first started the project we were only going to be dinner and late night use. Our architect Sunny Tam of Studio 4 professionally measured the street and got a calculation of 27%. Hopkins and Carley brought this up and the planning director Harry Frietas went out and measured 30.6%. If we were to have a company come out we would fall under the 30% range. Instead of remeasuring we decided to open for lunch and have a daytime use which is a condition in our planning permit. Therefore the 30% rule does not apply since we are open for lunch during the day. This was determined over a year and a half ago a requirement was satisfied. As per the attached nightclub evaluation it shows since we are daytime use this 30% rule does not apply and we meet the criteria. You can also see by the downtown occupancy report that is attached it has not been followed in other areas. I am happy to answer any questions you may have and get you any needed information. I appreciate you taking the time to review.

COUNCIL POLICY

TITLE GUIDELINES FOR EVALUATION OF

NIGHTCLUBS AND BARS

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POLICY NUMBER

6-23

EFFECTIVE DATE June 25, 1991 REVISED DATE February 23, 1993

APPROVED BY COUNCIL ACTION June 25, 1991, Item 9w; 2/23/93, Item 9f

BACKGROUND

Throughout its history, San José has been the center of cultural and entertainment activities. With thereemergence of the Downtown, entertainment activities, including nightclubs, have also undergone a resur-gence.

To accommodate the growth of entertainment uses, the General Plan was amended in 1987 and 1988 toencourage the development of nightlife activities Downtown. The intent of this policy is to avoid a concentrationof nighttime uses in any one area. Entertainment uses may be located throughout, as well as outside, theDowntown if they meet General Plan criteria. Currently there are 22 existing and approved nightclubs in theDowntown area with an authorized total occupancy of over 10,000 persons. In addition, the City andRedevelopment Agency have received numerous inquiries for additional nightclub proposals. The growth ofbars in San José over the past decade has been minimal. With the emergence of nightclubs, bars have lostsome of their popularity. With the exception of a few new neighborhood bars, most of the existing establish-ments have been in operation for over 10 years.

DEFINITIONS

Nightclubs are establishments that stay open late at night and provide entertainment, dancing, food, and drinkand are not ancillary to a full-service restaurant. The operation of a nightclub in the City of San José requiresan approved Conditional Use Permit. Bars are establishments that serve alcoholic beverages. Bars require anapproved Conditional Use Permit to operate in the City of San José.

PURPOSE

The City allows nightclub and bar uses only through the discretionary Conditional Use Permit process to ensurethat the development conforms to City requirements and is compatible with its surrounding neighborhood. Inmaking recommendations to the Planning Commission, staff will review proposals on the basis of the followingGuidelines for Evaluation of Nightclubs and Bars. Proposals will be examined on a case-by-case basis. Tofacilitate the evaluation process for individual permit applications, the guidelines identify the project character-istics necessary for approval. Existing nightclubs and bars which are subject to a permit with a time conditionare not defined as new uses under this policy.

POLICY

1. Land Use Compatibility

a. Nightclubs should be encouraged throughout the Downtown Core to promote a diversity of usesprovided that they do not adversely impact existing or planned residential uses or conflict withother General Plan Goals and Policies.

b. New nightclubs and bars should be discouraged from locating adjacent to or near any existingresidential uses or any areas planned for residential uses in the adopted Horizon 2000 GeneralPlan. Nightclubs may be located near areas designated Core Area Commercial with Residential

City of San José, California

Support for the Core Area overlay and parcels fronting Santa Clara Street. New nightclubs andbars adjacent to hotel uses should minimize the potential negative impacts on the guests of thosefacilities.

c. New nightclubs and bars that are not open during daytime hours should not occupy more than 30percent of the street frontage on any one side of the street. Basement and upper story nightclubsare exempt from this provision provided that the entrance to those facilities is clearly the sole useat the ground level along the street frontage.

d. New bars outside the Downtown Core should be dispersed and, at a minimum, not be locatedwithin 500 feet of an existing bar or any existing school. Bars should be located and oriented insuch a manner that would not adversely affect any nearby residential or school uses.

e. New nightclubs should include sufficient space to accommodate queuing for patrons. This spaceshould be provided on-site to the greatest extent possible. If the public right-of-way is proposed forqueuing, a management plan to control crowds and litter as well as to ensure adequate pedestriancirculation should be part of the nightclub proposal.

f. It is the responsibility of the Chief of Police to evaluate all bar and nightclub proposals to ensurethe safety and security of both patrons and citizens. Conditions may be imposed to monitor barsand nightclubs and to discourage nuisance activities. These conditions may include suchrequirements as interior or exterior security guards, additional lighting, limited occupancy, andmodifications of controls or procedures to increase effective law enforcement.

g. New nightclubs and bars are discouraged from locating in areas where there has been above-average police calls for service.

h. Nightclubs are permitted with the approval of a Conditional Use Permit only in the C-3 Commer-cial, M-1 Manufacturing and M-4 Manufacturing Zoning Districts.

i. Bars as a primary use are permitted with the approval of a Conditional Use Permit only in the C-2and C-3 Commercial Zoning Districts.

j. The most appropriate General Plan Land Use Designation for nightclubs and bars is Commercial,except for Office and Neighborhood/Community Commercial.

2. Noise

a. Both new construction and renovation of existing structures should meet the City's noisestandards as specified in the Horizon 2000 General Plan. Sound attenuation techniques may berequired to buffer adjacent interior and exterior spaces from noise generated by a nightclub or baruse.

b. Windows and doors should not be open during the operation of the facility where noise impactsthe surrounding area. Adequate ventilation should be provided so that openings to the outsidecan be closed when the bar or club is at full capacity.

c. Outdoor areas for entertainment, including areas with roof openings, should not be allowedwhere noise impacts the surrounding area. Hours of operation and/or amplified sound should becarefully regulated to ensure compatibility with adjacent uses.

d. Interior noise levels or adjacent uses and exterior noise levels should be monitored by a qualifiednoise consultant contracted by the applicant or operator commencing at the opening of thenightclub or bar facility. Measurements should be taken at least once monthly at two differenttimes and a report submitted to the Planning Commission after one year of operation.

3. Parking

a. For new nightclubs or bars, an analysis of both day and nighttime parking availability within 1200feet of the proposed facility should be provided by the project proponent. Parking demand should

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be calculated at one space for each 40 square feet of usable patron area. Where there areinsufficient spaces to meet the demand generated by the proposed bar or nightclub, parkingshould be provided by the operator at a location convenient and readily accessible to the patronsof the facility. Parking may be supplied by contracting with nearby property owners, offeringvalidation services and/or valet services, or such other means that would not reduce the spacesavailable for existing uses. This may require the approval of an Off-Site or Alternating Use ParkingArrangement as specified in the San José Municipal Code.

b. When new nightclubs or bars are required to provide additional parking to meet the demandgenerated by the proposed site, the parking facilities should be well lighted, consistent withapplicable City and Redevelopment Agency standards.

c. All nightclubs and bars are encouraged to identify the need for loading and unloading zones asmeans to enhance traffic circulation around the facility.

d. All nightclubs and bars should be required to identify and publicize the location and availability ofparking for its patrons.

4. Garbage and Litter

a. Nightclub and bar operators should provide daily cleaning of the public right-of-way up to 200 feetfrom the property lines of the site of the facility. This cleaning should occur before 8:00 a.m. eachday.

b. Mechanical equipment used for outside maintenance, including blowers and street sweepers,etc., should not be used between 10:00 p.m. and 6:00 a.m. if the clean-up occurs within 500 feetof existing residential uses.

5. Typical Use Restrictions

a. Admittance to bars and nightclubs will be restricted to patrons 21 years of age and older.

b. Nightclubs which include an ancillary, non-separated restaurant are not permitted. Nightclubsmay be permitted in such facilities provided that the restaurant use does not operate when thenightclub is in operation.

c. Nightclubs and bars should not operate after 2:00 a.m., daily.

d. Entertainment uses that serve no alcohol may be open to patrons 18 to 20 years and older.

e. The maximum occupancy of a nightclub or bar is limited to the number identified by the FireMarshall, and may be further limited in the Conditional Use Permit based on parking availability orother land use compatibility issues.

f. Amplified sound, amusement games and pool/billiard tables may be restricted based on potentialincompatibility with adjacent uses.

g. Time limits for Conditional Use Permits for nightclubs and bars should generally be five years,unless there is sufficient evidence to support an alternate limit. Compliance Reviews may berequired and should include an evaluation of the operation as well as any subsequent reportsrequired as part of the permit approval.

6. Other Requirements

a. The Planning Commission, or the City Council on appeal, may impose other appropriateconditions on a project-by-project basis as required to ensure land use compatibility. Theguidelines in this policy represent minimum criteria for nightclubs and bars.

b. The Planning Commission may annually review this policy to determine its adequacy in meetingthe changing needs of the City.

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c. The Conditional Use Permit should include standard conditions, such as undergrounding utilities,providing public improvements, screening roof equipment, identifying building colors and mate-rials, etc., necessary for the permit to fulfill the requirements for a Site Development Permit.

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San Jose Downtown Core

Entertainment venues occupancy

1st Street Block Occupancy Note Lido Over 500 Studio 8 Over 1300 Paper Plane Under 250 55 South Under 250 Just expanded by permit Temple Under 250 Nomikal Under 250 Rookies Under 250 Was given special use permit after we were denied 2ND STREET San Jose bar and grill Over 300 Tres Gringos Under 250 Loft Under 250 Cinnabar Under 250 Chaco’s Under 250 Impov Under 250 M Lounge Under 250 hearing July 13th POST STREET Splash Over 400 Peking House Under 250 SOFA Agenda Over 500 Motif Over 900 Miami Beach Over 900 The Ritz Over 500 March 2015 approval First Street Billiards Over 250 Milano Over 800 Continental Over 250 Brewery /Restaurant Under 250 Stretch Café Under 250 Blue Chip Under 250 San Pedro Square Britannia Arms Over 250 AFC Over 250 Old Wagon Saloon Over 350

SP2 Over 500 Fire house Under 250 O Flaherty’s Under 250 Blush Under 250 The Market Bar Under 250 New banquet facilty in parking garage Over 250 pending Sushi Confidential Under 250 recently approved Black Arrow Under 250 received after we were denied Market St Glasshouse Over 1100 permit given 11-2014 Gold Club Over 400

From: City Clerk Sent: Monday, February 13, 2017 8:19 AM To: Agendadesk Subject: FW: CP16-05 @-14-17 Hearing SECURITY GATE

From: jenny wolfes [mailto Sent: Saturday, February 11, 2017 4:01 PM To: City Clerk <city.clerk@sanjoseca.gov> Subject: CP16-05 @-14-17 Hearing SECURITY GATE Here is a picture of a 8ft high by 4ft wide sliding gate that will be closed at all times unless an event is taking place upstairs.The gate is located on the landing and keeps people from going upstairs when the top is not in use or after midnight when the top is closed.The top has it's own exit to the street so we will have a security host directing everyone out that way and another security host on the street that will clear people from front and sides of building. Show original message

Return Address: PO Box 90264 San Jose, CA 95113-9998

2/14/2017

Mayor Liccardo and City Council 200 E. Santa Clara St. San Jose, CA 95113 RE: Item 11.2 – Rehearing and Reconsideration of the Appeal of the Planning Commission’s Approval of a Conditional Use Permit for Real Property Located at 58 S. 1st Street Dear Mayor Liccardo and City Council, On behalf of the San José Downtown Residents Association, we write to communicate our opposition to item 11.2. We have voted against this proposed night club in the past and we stand firm on that position. We will continue to oppose this venue unless it is amended to serve as a restaurant that closes at midnight every night. We believe the operation of a late-night venue will not be appropriate now. The San Jose Downtown Residents Association was founded in 1997 by a concerned group of downtown residents with the mission of banding together to advocate, develop and sustain downtown livability. The organization represents hundreds of residents within the downtown core. Our primary mission is to provide a place for discussion, advocacy and community for those who live, work and play in Downtown San José. We are a community organization that is staffed by an all-volunteer board that meets monthly. Throughout the year, we host numerous events meant to help build community. The downtown core is a wonderful place for people from all walks of life to come together to work, socialize and enjoy. To better serve the people who work, visit or live in downtown; our city needs to do a better job of filling empty retail space with something other than night clubs. Most streets already host numerous night clubs. Within half a mile of the former Bella Mia location, First Street has Original Gravity, Paper Planes, Temple, Splash, Mac’s, Studio 8, Koji, Tres Gringos, San Jose Bar and Grill, and 55 South. What we need now is something for everyone to enjoy at the old Bella Mia location. Not another night club. There is no denying, Downtown is growing rapidly. While we grow, it is important for us to remember that this is a city for everyone and the decisions we make today will impact the community for a long time. Shops, restaurants and bars should be reflective of the wants and needs of the community that will be impacted the most. We urge the San Jose City Council find a solution that will make residents and visitors happy. The San José Downtown Residents Association respectfully opposes this item unless it is amended. Thank you for considering our opinion in your deliberations. Sincerely, Matthew Quevedo Whitney Morris Michal Lubin Nancy Paul President Vice President Secretary Treasurer

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TACKETT MULL LLP

February 14, 2017

Dear Members of the City Council of the City of San Jose:

Following service of applicant’s demand to cure a Brown Act violation pursuant to Government

Code Section 54960.1, this appeal is being reheard before the City Council. On November 1, 2016, the

City Council voted to overturn the Planning Commission’s decision to grant a Conditional Use Permit for

a late night use to applicant’s premises at 58 S. 1st Street in the downtown core.

The City has never before denied issuance of a CUP for late night use to any of the 54 previous

applicants. The applicant’s project in in full compliance with all code requirements and there are no

facts which could lead a reasonable person to deny issuance of a late night use permit. No good

grounds exist to overturn the decision of the Planning Commission. Applicant asserts that the prior

action of the City Council to grant an appeal brought by Hopkins & Carley constituted prejudicial abuse

of discretion.

No other applicant for a late night use CUP has been subjected to such arbitrary and capricious

treatment by city staff. Applicant is flummoxed as to how the planning staff could have recommended

issuance of the CUP for the original application for over 650-person occupancy, and then have

recommended denial for the current greatly reduced application for only 250 persons. There is no other

explanation except for pressure exerted by Hopkins & Carley, which itself is curious given that there are

currently two late night bar uses in the very building the firm occupies to which the firm seems to have

no objection.

Further, the City failed to follow its own code requirements by recently issuing a late night use

permit to a bar directly across the street from the applicant’s premises. The City issued a special use

permit to the Rookie’s Sports Lodge – the former Billy Berk’s restaurant – without even requiring a

public hearing.

The applicant has made every change to its project requested by Councilman Peralez and Mayor

Licardo. The instant application is for a greatly reduced project. Even the complaint about the stairs

expressed by the mayor in the last hearing has been addressed and ameliorated; a locking gate has been

installed on the stairs to allow complete closure and separation of the upstairs at midnight.

The only opposition letters and speakers have been from competitors of the applicant, or

persons associated with Hopkins & Carley or Barry Swenson Builders. It also appears each of these

persons made significant political contributions, giving the unfortunate appearance of a “pay to play”

requirement. Each of the bar owner opponents have a far worse track record than the applicant, with

multiple fights and other incidents. On the other hand, the City’s police have testified before the

Planning Commission and the City Council that Ms. Jenny Wolves is a “model operator” and that they

send any new bar applicants to see her for advice and training. The members of the City Council can

either choose to give credence to biased testimony or to their own law enforcement officials.

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Enough time has been invested in the ‘extreme vetting” of this project. The City Council should

reject the appeal and let stand the decision of the Planning Commission to issue a late night CUP for 58

S. 1st Street. Failure to do so will leave the City vulnerable to judicial reversal as such an action would

constitute abuse of discretion under Code of Civil Procedure section 1094.5.

Thank you in advance for your attention and consideration.

Very truly yours,

George W.M. Mull

George W.M.Mull

Tackett Mull LLP

From: Tin Le [mailto ] Sent: Tuesday, February 14, 2017 2:07 AM To: District2 <District2@sanjoseca.gov>; District4 <District4@sanjoseca.gov>; District8 <district8@sanjoseca.gov>; Groen, Mary Anne <maryanne.groen@sanjoseca.gov>; District 6 <district6@sanjoseca.gov>; Rork, Christopher <christopher.rork@sanjoseca.gov>; Davis, Dev <dev.davis@sanjoseca.gov>; District1 <district1@sanjoseca.gov>; District3 <district3@sanjoseca.gov>; District5 <District5@sanjoseca.gov>; District7 <District7@sanjoseca.gov>; Liccardo, Sam <sam.liccardo@sanjoseca.gov> Cc: Michelle Johnson >; William Klein >;

; tone tran >; Eric Nielsen < >; Dan Phan < >; ; Ryan Melchiano SP2

>; Ryan H SP2 < >; Ryan 💫💫 Summers >; ; Cache Bouren

Subject: Vote Against CUP/Late Night Permit for FUZ All, Tonight, once again we will be voting on this matter. We as long time business owners on First St are hoping that our voices be heard on this matter. Please do not let this proprietor that has had over 20 years of this pattern bully our city into getting what they want. We do not need another Studio 8, Gold Club, San Jose Live, Vivid, Pearl, Oasis, Club Wild! It's time for our city to change! This so called restaurant has yet to open a single day as a restaurant (they could have done so for almost a year), only because their real/sole business plan is to make money as a large capacity night club and if they are not granted this application they will not open. We are residents. We are restaurant owners. We are bar owners. We are Law Offices. We are Craft Cocktail Bar owners. We are the local Church Diocese. We are the voters. We are the neighbors to this project. We are AGAINST this application! We are San Jose! Fairness? Why is it that this project has and is encountering unprecedented opposition? It is because us as the neighbors are there every day and every weekend... we have heard the rumblings and have seen years and years of this same pattern. We have heard what this venue intends to be from the staff and marketing from their side. This is intended to be another mega club, right in the middle of First St. The new Studio 8! When asked about fairness, please consider to the people who have spent over a decade building and establishing the community and culture currently there. We have every business in the immediate 100ft opposing this project. We have 80% of the people on the street opposing the project, including the current landlord of Studio 8 (El Studio Ocho). The very person who has income from Studio 8, doesn't want it there! We have overwhelming support against this project in the community, The history of the proprietor has created venues like Gold Club, Pearl, Studio 8, Vivid, San Jose Live, El Studio Ocho - they have all been negative influences on the community. Lowest Yelp review and attendance in the entire city! Yes, we ask you to be fair and please be fair to us. We know what threat this brings to our businesses, it's not competition it's safety of our patrons and staff! Comparison? Competitors? If you ask yourself why are we so opposed to this when we are not opposed to other places? Because a "late night drinking establishment" is not ALL the same. We are not competitors to this project, we are all coming from different business and some residents on this street. We are bars, restaurants, craft bars, sausage/craft beer with very small capacity. We are concerned business owners that the injection of a large scale night club such as this with a joined capacity of 500 people

(with most likely operating capacity to be 1000 people) will decimate our area for years to come. Causing increased violence, over intoxication and put our patrons and staff in harms way. It will bring hundreds and thousands of people in an already overly condensed location. It will introduce the wrong demographic closer to the businesses that have worked so hard to avoid it. You ask why just having Studio 8 down the block is any different? I ask you to come down during the weekend and see, we need at least 300-400ft to help disperse fights. We need that buffer for police to react, we need that separation from our own patrons so that they are not in conflict. Overcrowding, Diminished Police Force. We welcome other projects, restaurants, lounges, bars and other ideas - but this project will not be welcomed. Loopholes will be exploited and the project will become a Mega Club as it was originally intended and it will have lasting negatively effects our area. Although the floors are to be separated, I have heard that the proprietor intends to operate as a whole utilizing private parties to "rent" out every night. Without proper supervision this business will pull the wool over everyone's eyes and operate as the "original" mega club plan. The Police Department has already denied other businesses much smaller than this application from opening in fear of not having enough officers, this is literally the worst case scenario. Countless events have occurred over the years! But these are the most recent of issues that we experience on a regular basis. Date: 05/2016. Someone seriously injured INSIDE of Studio 8 from a large fight. https://drive.google.com/open?id=0BypfcLHEApkiV29sWk1tRDAwdTQ Date: 08/2016. Large fight, dozen of cars damaged, police officer and our security was almost killed. Overly intoxicated, involving UNDER 21 years of age suspects who admitting they drank at Studio 8 that night! https://drive.google.com/open?id=0BypfcLHEApkicWZpQkJHZHdoWDA Countless events have occurred over the years! This is just a sample! I understand that many of you are fearful of the lawsuit that she has threatened the city. But this is your opportunity to stand up to the bullying. To do what is right for this city and not back down. To hear the overwhelming popular voice, to do what you are elected and entrusted to do as city officials. To improve and better our city in the most effective manner and that is to listen to the business owners that have worked so hard and stood by this city for so long. Be afraid of the violence that this project could result in, the loss of life, the harm and the devastation it can have on our business community. Would this city be liable for the harm of our citizens if this passes? Would you feel personally responsible for the negative impact that this would bring to S First St? We do not need another WET Night Club scenario which has decimated the S First St business for almost a decade. Please hear our voices that if this application is allowed to continue, it will take years and years to undo. The damage will be irreparable.

Kindest Regards,

Tin Le

Owner/Operator

Temple Bar & Lounge