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story fire instead of a three -story. He inquired further, considering the amount of police response to just two of the incidents at the club, if he expects that the City should have that support. Mr. Mull said no, not at all. He admitted that it does go to the analogy, but at the same time, the building owner and they have a responsibility to operate the place in a very safe way. He continued that to the extent that they have come to a conclusion similar to what the Police have that the current element and crowd is causing some inherent problems, they wish to change that. He noted that they have had a Conditional Use Permit at this building since 1990, and the club has been run well in many different ways for over a 22 -year period before this element came. He added that there were probably fights and other incidences in the past but they were controlled. He indicated that they do not expect to continue like this, that it is not acceptable to them, and that they are taking a massive step to change to a Spanish rock /salsa type of environment which will completely change the folks coming. He requested the Commission to let them change it rather than knock it down to 300 and make it not possible to have a sustainable business. Chair Pentin stated that from his point of view, all he can judge anything from is past performance. He added that he can look at whatever they are paying for music and whatever their clientele is, but for him, they are still a business, just like Nordstrom's is a business over at the mall, and he does not really care what music is played there or what the clientele is, as long as it runs its business safely and properly. He addressed Mr. Mull, indicating that he understands what he has presented to the Commission his job to minimize incidences. He pointed out to Mr. Mull, however, that he has really only spoken to two incidences as if there were just two of them in the last period of time, but the nightclub overview from Lt. Knox indicates multiple days and multiple incidences. He added that, for instance, when Mr. Mull mentioned that the fight was taken outside but it was still on private property, there were two others mentioned in the overview that were taken outside on private property. He asked Mr. Mull if that is okay too and if that is controlled. Mr. Mull said no, it is not okay. He indicated, however, that they finally controlled them. He added that considering the history of the club, this operator has been operating for a year and a half, and the only times being talked about occurred in less than two months. Chair Pentin stated that for the Commission, the history in the last three months and not just a couple of days, the club has had quite an interaction with the City's PD, and with Lt. Knox in particular. Mr. Mull replied that he has also read Lt. Knox's report and that it really is only those two weekends; the others are very, very minor. Chair Pentin indicated that they have a difference of opinion on that. PLANNING COMMISSION MINUTES, February 8, 2012 Page 13 of 23