ATTORNEYS AT LAW. ww w. c ummi n gandas sociates law. com. February 25, 2015

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1 Attachment B-1

2 CUMMING & ASSOCIATES A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW 3080 BRISTOL STREET, SUITE 630, COSTA MESA, CA TELEPHONE: FACSIMILE: ww w. c ummi n gandas sociates law. com PLJ',NN:;~:~ o;-;;s:c:j. CITY OF Pi..Ef.~,;.;'J i' HILL ----~=-~~,..- - WILLIAM R. CUMMING DIRECT DIAL: cumming@cummingandassociateslaw.com FILENO Planning Commission City of Pleasant Hill c/o Mr. Greg Fuz, Director of Planning Division 100 Gregory Lane Pleasant Hill, CA February 25, 2015 Subject: 9GameZone Dear Mr. Fuz: Our law firm represents 9 Grune Zone and Ms. Jing-Yan Shi, who is responsible for operating the company. The Planning Commission had a public hearing on January 13, One of issues related to 9 Game Zone's request to amend the previously approved Minor Use Permit and allow the sales/service of alcohol at the 9 Grune Zone facility located at 548 M Contra Cosa Boulevard. It is our understanding the Planning Commission is going to consider the request and continued the hearing date to May 26. The purpose of this letter is to request the Planning Commission hearing be moved up two months to March 24, Let us explain why. 9 Game Zone's business model includes pool, karaoke, and console gaming for people 21 years of age and older. The company strives to provide a safe and enjoyable environment for its customers. The ability to sell alcohol is essential and without the ability to do so, 9 Game Zone has and will continue to operate at a deficit financially. Troy Fujimoto sent a letter to Jing-Yan Shi dated January 15, 2015 that relies upon three reasons to support continuing the Planning Commission meeting to May 26 (see attached). Given the status of things, we believe moving the meeting to March 24 is a win-win for everyone involved.

3 GregFuz February 25, 2015 Page2 The following quotes the language from Mr. Fujimoto's letter and our response: 1. "Allow additional time for the business to operate before further consideration of any amendment to allow the sales/service of alcohol at the facility." Response: The problem with continuing the meeting to May 26 is that 9 Game Zone will continue to lose money, lose existing clients, and not attract new clients. In other words, delaying the meeting will cause a financial loss to the company. 2. "Modify the proposed security plan to the approval of the Police Department." Response: 9 Game Zone is in the process of modifying the security plan and intends to submit the plan to U. Dan Connelly on February 26, 2015 for review. We believe the modifications to the security plan will meet or exceed any security concerns that might exist. We anticipate the security plan will be approved. 3. "Ensure that the business is operating in compliance with all previous approved conditions of approval from Minor Use Permit PLN " Response: 9 Game Zone has satisfied all the conditions given by the Planning Commission in the past and anticipates satisfying any conditions in the future. However, if the Planning Commission is aware of any conditions that have not been satisfied, please let us know by 1Varch 2, In summary, 9 Grune Zone represents a large investment of time and money from different people. Agreeing to move the continued meeting date from May 26 to March 24 will reduce the financial loss to the company and more importantly, help the company prosper. We carbon copied this letter to June Catalano to ensure she is aware of the content. appreciate your consideration to our request. We William R. Cumming Cumming & Associates, APLC WRC:lks Enclosures cc: June W. Catalano John Tsern

4 A &..~ recycled paper City of Pleasant Hill January 15, 2015 Jing-Yan Shi 324 2nd A venue South Pacheco, CA Re: Minor Use Permit Amendment - PLN Nine Game Zone -Alcohol Addition at 548 M Contra Costa Boulevard, Pleasant Hill, CA Dear Ms. Shi: The purpose of this letter is to inform you that the Planning Commission, on January 13, 2015 held a public hearing on your request to amend a previously approved Minor Use Permit (PLN ), to allow the sales/service of alcohol at the Nine Game Zone facility, located at 548 M Contra Costa Boulevard. The item was continued by the Planning Commission to May 26, 2015 for further consideration. In addition, the Planning Commission provided the following direction: 1. Allow additional time for the business to operate before further consideration of an amendment to allow the sales/service of alcohol at the facility. 2. Modify the proposed amended security plan to the approval of the Police Department. 3. Ensure that the business is operating in compliance with all previous approved conditions of approval from Minor Use Permit PLN If you have any questions, please contact me at (925) or tfujimoto@ci.pleasant-hill.ca.us. Sincerely, ~to Project Planner CC: John Tsem, 16 Morning View Drive, Newport Coast, CA Pleasant Hill Police Department File 100 Gregory Lane - Pleasant Hill - California (925) FAX (925)

5 9 Game Zone Security Plan (Alcohol Permit) The 9 Game Zone will offer billiard, karaoke, softer drink, beer and wine. Number/Utilization -of Security Personnel For 9 game zone, one in-house security person for each 50 patrons shall be on duty. All security personnel shall be attired in a manner to readily identify them as such. Security staff shall regularly patrol both the women's and men's bathroom facilities. From closing time and for 30 minutes thereafter, one-half of au security personnel shall be stationed outside the premises to assist and encourage patrons to leave safely.

6 -Control &-Clearance of ParkinqLot Video cameras will be mounted to cover the entrance, exits and entire premises. Tapes will be made available upon request to the Pleasant Hill Police Department. Security staff shall regularly patrol the immediate exterior of the building at least once every half-hour, doing so on a random basis. Unruly Patrons When a patron acts in a manner that is violent, abusive, indecent, profane, boisterous, drug, or otherwise disorderly, security staff will immediately contact the police and request that the patron be removed. Patrons -who are Intoxicated Licensee, its agents, and employees, may not sell, dispense, or give away alcohol to any person who is under the influence of alcoholic beverages, nor shall such a person be permitted on the premises. When a customer has been "cut off," the server will notify the other employees. Management will support the server's decision to terminate service to any customer. If a customer is too impaired to drive safely, licensee will try to persuade the customer not to drive, and arrange for a safe ride. If the customer refuses, management will notify the Pleasant Hill Police Department with a description of the person and the license plate number of the vehicle, if possible. Patrons Presenting False IDs All identification cards used to prove age must be valid (i.e., may not be expired), and must be government-issued. If the identification card is expired or appears at au questionable to the employee, the employee shall request a second form of identification. The employee shall make sure that the individual purchasing the liquor resembles the identification card. All employees are encouraged to ask purchasers questions relating to their identification in order to verify the information. If the employee checking an ID has a strong suspicion that an ID is false, altered, or belongs to someone other than the person presenting the ID, he/she shall confiscate the ID and turn it over to management, to be presented to the police.

7 Control/Supervision of Patrons under 21 {restaurant applicants) Licensee will request proof of age from any customer who appears to be 30 years of age or younger, and will refuse service to any customer who cannot produce adequate ID. When selling pitchers, ID will be requested for each person receiving a glass. Separate types of glassware will be used to distinguish alcohol drinks from non-alcohol drinks. Circumstances under which the Police will-be called The police will be called, in a timely manner, any time management or staff has lnformation to believe a crime has been or is about to be committed and/or whenever a threat of or act of violence occurs on the premises or off premises in areas that would be considered in view or earshot of the establishment. -Handling of Physical Disturbances, including Fights Security or management will ask anyone who is fighting to leave. If necessary, security or management will call the local law enforcement agency for assistance. Licensee wm permanently refuse admittance to any chronic problem customer. Emergency Plan in Case of Fire Security staff will check all emergency exits every day. Ensure all exits are clearly marked and that they are not blocked in anyway. Ensure the doors are not locked in any way. we have a panic bar alarm, every day security staff checks to ensure it is working properly. This also prevents people from unauthorized use of the door as an exit. Make certain the area outside the door is clear of any obstructions. If there is any possibility that a car can be parked in front of an emergency exit, the doors should be checked by security staff throughout the night The fottowing conditions given by the Planning Commission shall be strictly adhered : a.) The business shall have a security/staff person who shall be on the premises at all times during which the business is open. This person who

8 shalt also periodically check the outdoor premises to ensure that loitering is minimized by business patrons in the area fronting the business and in the parking lot. if there is only one security person on duty at closing, this person needs to be in the parking lot clearing people out. b.) The video from the facility (interior and exterior surveillance) shall be operating 24 hours a day, seven days a week to assist with burglary prevention and detection. c.) A burglar alarm and a safe {if daily receipts are kept on-premises) shall be installed at the facility. d. ) The Police Department shall be contacted every time there is a fight at the facilit_y. Names and Dates -of Birth of all employees in a management capacity Owner Name: Jing-Yan Shi Employees Names & Dates of birth: To be assigned upon receiving the beer and wine licence.