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advised that they are distributing leaflets to those entering the nightclub to advise that the music ..-' is totally different. He also advised that they have raised the cover charge to $25 to alleviate out- of-towners, and they have added additional security at the site for the parking lot, as well as inside the nightclub. He stated that he believes the problems are attributed to the rap music format. He noted that they will do everything possible to change the format, because they do not want to jeopardize the sale with Sh Boom. He reported that they intend to add additional security staff in the parking lot to let patrons know the format has changed. He further advised that they have hired Pinkerton Security to provide security at the Shell service station, as well as the Chevron service station until the change in format happens. He noted that they will change the music format to resolve the problem, in order to keep the doors open and keep the conditional use permit in place, without any modifications, so that the sale can be completed. He advised that all advertisement has been suspended. Discussion ensued regarding the possibility of implementing an early closing time, or closing the business for one Saturday night in attempt to break the pattern of the clientele who frequent the establishment. r- Angelo Eiras, 4555 Hopyard Road C-19, spoke in behalf ofMr. Ratinho. He noted that they are not here to dispute that there is a problem, as it is obvious at closing time the patrons of the bar are causing some disturbances. He provided background information regarding the business, noting that Mr. Ratinho purchased the nightclub in May 2000, sold it in 2001, but took over the establishment and opened The Marque when the new owners defaulted. He noted that it would be a tremendous financial hardship for Mr. Ratinho to lose the sale and not be able to operate the business for the last months before the sale is finalized. Mr. Eiras advised that the contract with Mr. Finelli requires that the conditional use permit must be in good standing. He stated that the documents included in the staff report that were just brought to the attention to the ownership eight days ago were the memo dated July 5 from Sergeant Parker and Sergeant Dunn, the petition from the Val Vista neighbors dated July 11, and the letter from Inner Circle Entertainment dated June 27, and the management did not know extent and magnitude of the complaints until this time. He advised that they intent to correct all of the problems that have been identified and reported so that the nightclub can continue as is with no changes in the use permit. He further advised that they are asking for a continuance to August 14 to show that the situation can be turned around. James Pimentel, 6006 Audrey Court, advised that the problem is that they get awakened at 1 :30 to 1 :45 a.m. every Saturday night, and this has occurred long before April. He stated that he does not believe that changing the format will stop the noise in the parking lot. He noted that the bar is across the street from a residential neighborhood, and it should not be there. He asked that the Planning Commission take the steps tonight to revoke the use permit and allow the owner to appeal the decision. He noted that this would give the owner an opportunity to change the format before the item is heard by the City Council. He asked that this matter not be delayed any longer. James Paxson, Hacienda Business Park, 4475 Willow Road, stated that they have received complaints lodged with his office over the last several months, not only from residents but also from neighboring businesses expressing problems with the condition of the parking lot, as well ,.- PLANNING COMMISSION MINUTES July 24, 2002 Page 14