What's the big secret, where was Rodriguez & GF before the shooting? Today in the PT Police Sgt. Erik Herzog states that Rodriguez was drinking alcohol, "The couple then drove to Long Beach and visited "an establishment" on Second Street that Herzog declined to identify. "I know he was not drinking at Legends," Herzog said. "We ended up talking to everybody there and the staff there."

It is indeed amusing that the good Sgt. would tie his credibility to that of Legends' employees.

What is more interesting is the fact people have approached me claiming to have been in Legends that night and told a hugely different story. One of them proved to me they were there when it happened by showing me pictures of the body laying in the street that were clearly taken from Legends patio. If the police report is true, why are people I don't even know telling me such a different story?

An over served bar patron at Belmont Brewing Company got in an argument with his girlfriend last night and pulled a gun. Police were dispatched using codes 417 (brandishing a weapon/firearm) and 647F (drunk in public). The police arrested the guy 10:08 pm on the sand just west of Belmont Memorial Pier.

I remember the good old days a couple years ago when residents did not have to worry about guns, rapes and alcohol related violence in our Belmont Shore Community.

Maybe we will finally start finding out why Belmont Shore residents issues with late night over served bar patrons have been ignored by the police prior to the public disturbance videos, officer involved shooting and recent rape in Belmont Shore. The police department has previously refused to disclose divisional sworn patrol officer staffing, stating homeland security issues. However, when I made my case to City Council tonight, that the public has the right to this information, Mayor Foster indicated I would be receiving it.

I just got back from looking for "Time of Day" DUI stats. I couldn't find any specifically for California, but two states that do have this info online are New York and Montana. I can't imagine that drunk drivers vary that much from state to state. Their stats indicate that by far and away the vast majority of DUI's occur between 12am-2am.(though the stats do prove DUIs happen at all hours.)

Closing bars at 12am actually puts the drunks out on the street at that EXACT hour. Statistically regarding DUIs, a 12am closing time would make no impact, and may actually increase the number of booze hounds on the road in the Shore between 12 and 2 am.

http://www.bcstopdwi.com/files/bcstopdwi/pdfs/A...

http://www.mtccp.info/documents/DUIOffenderSurv...

In addition, nearly 1/3 of surveyed DUIs occurred by drinkers who were drinking at private residences or parties. (Underage drinkers are especially not likely to be drinking in a bar.)

Education programs for servers and "breathalyzers" in the bar would be a better approach than closing bars.

Breathalyzers in bars is a good approach? You think it's a good idea to put the responsibility of policing drunk drivers on intoxicated bar patrons?

In most bars those machines are only used for contests on who can blow a higher BAC.

My issue with the 2AM closinig time is that the LOUD, OBNOXIOUS DRUKEN CUSTOMERS of the bars make an insane amount of noise just stumbling to their cars and it happens right in front of my house. Yes, they often wake me up from a dead sleep and it's ALWAYS around 2-2:10 AM on Friday and Saturday nights. If the bars closed at 12, I would be awaken at 12 instead of 2 which would be FAR less annoying.

I have lived here since 1989 and the problem has ALWAYS been here, but I have to tell you that it has gotten FAR worse in the last 18-24 months. Maybe 2nd street has become a new hot spot? Maybe the reopening of Legends did the trick? I dunno, but it's really REALLY bad--far worse than at any time in my two decades here.

Let's face it--places like Legends, the AI and the Belmont Station are in business to serve drinks and this leads to folks getting bombed and getting in their cars and driving away. If the bars closed at 12, they would just get in thier cars and drive to a bar that's open till 2. Or maybe they would just start OUT at a bar that stays open 'till 2, which would be fine with me but really, really lousy for the bars on 2nd street.

High Hat-- Thank you so much for this comment!!!!!!!!!!!!!!!!

The quality of life issue is HUGE! I absolutely support earlier closing times for this reason alone. I totally sympathize with how nightmarish it must be to deal with drunks on your property at all hours.

And I do think that individuals should be held accountable for their personal behavior. I don't buy that you are too drunk to realize you can't drive (in fact I ALways realize it's too late to drive and I keep a cash stash on these occasions--it only cost less than $10 bucks to me and all my girlfriends home safely, I personally just ride my bike down to my car the next day to get it). I ALWAYS plan on using a cab if I go to the Shore for "Ladies Night Out" There is no excusing personal responsibility. I don't even think bartenders and servers are ultimately responsible--it is the patrons themselves who need to behave responsibly.

Education is the answer, more police may help...

Ultimately the neighbors would be better off with earlier closing times--at least Sun thru Thurs.

My beef all along has been with muddying the waters with all other unrelated issues.

LBCityGirl, FlipFLop: 3 days ago you said this to me " While we respect the problems you are concerned with in the Shore do exist, we do not agree with your "cure-all" solution of closing bars earlier" .

Note that I never said that all bars should have earlier closing times or that bars should be closed early every night.

Now today you say this to HighHat "The quality of life issue is HUGE! I absolutely support earlier closing times for this reason alone........ Ultimately the neighbors would be better off with earlier closing times--at least Sun thru Thurs. "

LBCityGirl, Nothing has changed in Belmont Shore in the last 3 days since your opinion has changed 180 degrees. I would suggest that you take the time to study the issues, learn from Mike Ruehle the President of the Belmont Shore Residents Association and his research before you post your opinions/attack people for their positions on issues. Perhaps you should follow your own advice "Education is the answer" and try to learn or at least imagine stepping into someone elses shoes, instead of shouting at people for no reason. The issues will not be muddy and much clearer when you have some idea what you are talking about.

Sunshine, you should consider that being able to discuss both points of view--pro & con-- does not make me necessarily for or against.

Overall, you can close the bars earlier, and it may make it a bit quieter in the Shore between 12-2, but the bars will still be there, the problems will still be there.

If as you claim, it is the bars responsiblility (not the individual patrons?) than at some point you will still need to remedy the Shore problem for the rest of the 22 hours of the day.

I have said repeatedly I am sympathetic to the Shore residents' concerns. But as a more nuetral third party observer, I also can see how the bar owners and employees there have some valid economic concerns.

I think you and Mike need to expand your horizons and consider there may be other more successful solutions than just going ahead and closing the bars earlier.
I think there may even be FUN ways of doing this that would make bar owners and bar patron excited to cooperate. But a meglomaniac approach is eventually going to fail, if for no other reason than that it has generated so much animosity in the Shore.
It's time to stop fighting and start looking for compromises that make everyone happy.

LBCityGirl AKA, You are not discussing "both points of view" with an informed opinion (that would require some sort of analytical thinking), you are attacking people and ideas for sport.

What you seem to be doing now is acting like a complete bubblehead and pathetically sucking up to the few people left who might respond to your posts.

Just why do you "feel" that you are equipped to give anyone adivce, "I think you and Mike need to expand your horizons and consider there may be other more successful solutions than just going ahead and closing the bars earlier."

Where did Mike or I say that the only solution was to close the bars down earlier??????? Mike and I have offered other solutions but you would not know because you are too busy yapping to actually read and comprehend what is being said.

When this issue first hit the news, 2nd street business, the Councilman, the Mayor, police, and city manager would not even acknowledge that there was a drunken problem in Belmont Shore.

For the past 3 years Mike Ruehle and other residents spent 1,000 of hours researching, meeting with the community, lawyers, police, appearing at city council meetings (and getting ignored), writing letters, calling the ABC, and putting themselves in danger by video taping fights and other drunken behavior.

And yet instead of being held in high esteem for their efforts to improve the community, these fine citizens like Mike R and others have gotten their reputations tarnished by the PT, Gazette, the BSBA, the Mayor, the Councilman, and the police and YOU.

Now you come up with this comment,
"I think you and Mike need to expand your horizons and consider there may be other more successful solutions than just going ahead and closing the bars earlier.
"I think there may even be FUN ways of doing this that would make bar owners and bar patron excited to cooperate. But a meglomaniac approach is eventually going to fail, if for no other reason than that it has generated so much animosity in the Shore. It's time to stop fighting and start looking for compromises that make everyone happy."

Given what has been happening on 2nd street and the efforts made by residents your above comments are insulting to those involved.

Here I will offer you a suggestion: Why don't you do something about the problem instead of attacking, yapping, and offering up conflicting sucking up opinions?

HightHat, The drunken problem on 2nd street has reached its peak because of the new alcohol liscenses (6 new ones in 3 years). Because there are now approx. 50 businesses approved to sell alcohol on 2nd street the bars have begun to compete by starting happy hour at 11:00 pm to 2:00 am. Stopping alcohol sales at 12:00 am would give customers some time to dry out before the bars close and they get in their cars. Because the bars are so close to residential homes 2nd street 2nd street should not be allowed to be an entertainment district or late night club scene. Common sense.

When the new County Line and Sachi replacement (on council agenda this week for approval) get going there will be more competition and even lower standards for operation.

It's 10:30 on a Tuesday night and Belmont Shore's 2nd street has two police officers hanging out at Starbucks and another police patrol car doing laps on 2nd street. That's an infinate increase in policing since the public disturbance videos began to appear in mid May and the officer involved shooting on May 28th.

It's 11:00 pm on a Monday night. Except for channel 2 news interviewing the three police officers standing in front of Starbucks, it is pretty quiet on 2nd street.

Legends has its bar stools stacked already. There are about 20 people in Acapulco Inn and Belmont Station is pretty much vacant. However, Panama Joes had a short line outside the door when we walked by. It's nice to see the only late night bar whose owner is sensitive to residents is also seeing the most business. They deserve it.

We had witnesses watching this guy carry on. Several cannot remember seeing a grown man act like such a fool while in public. People commented after how ridiculous his behavior was.

What a spoiled, self centered , overly self impressed ego maniac, said one. Another commented that he was acting like a baby having his bottle taken away from him. In this case, it is around 100 proof.

The BSRA Meeting was very interesting. The bar crowd really showed their colors, and they were not pretty.

Nice job BSRA. You helped show the community how greedy some people are, and how hard they clutch to their little franchises.

It was like watching a parade of whining weasel's at times. Even a fat, lazy Landlord showed up to make a big scene, huff and puff ineffectively, and act like a soiled child who was not getting his way. It was hilarious to observe.

3 Attorneys met before and after, and are working upon some interesting, and expensive sanctions, or remedies of some related matters.

An the Councilman even had an aide their to vote in support of the Bars and against the Residents Association. Telling.

Similar to the September 11, 2008 Belmont Shore Residents Association (BSRA) election, there were numerous non-BSRA members who tried to bully their way into BSRA members-only meeting to vote on by-laws. The follow are only a few.

Parking Commission Vice Chairman Bill Lorbeer and his wife chose not to renew their $10 membership dues to remain BSRA members and then made a scene when they were not allowed entry into the meeting for BSRA members-only. This comes after 3 emails and a regular postal mail notice were sent to Mr. Lorbeer that ONLY BSRA members would be allowed to vote in the meeting. Furthermore, a separate letter was sent to Mr. Lorbeer reminding him that his membership had expired, which he chose to ignore. After being notified five times, Commissioner Lorbeer still insisted that he should be allowed to vote on the bylaws.

Parking Commission Chairman KURT SCHNEITER’S brother John Schneiter also untruthfully insisted he was a BSRA member as he did during the September 11, 2008 BSRA election, claiming that he lived in Belmont Shore at 229 Covina. I encourage everyone to walk by the vacant house at 229 Covina that is owned by Kurt Schneiter. John Schneiter was allowed to vote in the September 11, 2008 election using a lease signed the previous day by his brother Commissioner Kurt Schneiter indicating that he was now living at 229 Covina. When I emailed John Schneiter asking for proof he lived at 229 Covina Avenue, such as a copy of a utility bill or tax assessment, he refused to respond to me. When I phoned him, John Schneiter told me to never call him again and hung up on me. Hence, he was removed from the BSRA member roster only to show up again at yesterday’s members-only meeting to vote on bylaw changes.

Are the bars giving out micro-minority stakes in their businesses to increase their control of the Belmont Shore Business Association's elections? Has anyone taken a look at the BSBA's membership list to see if only credible business owners are allowed to join?

On yesterday's BSRA Vote. Mike Moriarity is out of line. The meeting was called to order at 1:00 pm. His suggestion that the vote was invalid because they did not take the vote at 1:59:59 is ridiculous. The city council does not specify what time when they are going to vote, you are expected to be there if you want to speak.

Comparing the BSRA to a theocracy show how little Mr. Moriarity knows about democracy. Hats off to the Belmont Shore Residents Association for conducting themselves and this election in a ethical and democratic manner.

Thanks LBReport for including the audio.
http://www.lbreport.com/news/jun09/bsrabys2.htm

His name is actually TIM MORIARTY. He is one of the 2nd street business owners who also ran for one of the BSRA Board positions last September during the Business Association's failed attempt to take over the Residents Association.

Mr. Moriarty is also one of the owners of Legends and Acapulco Inn, two of the problem bars on 2nd street.

During the beginning of yesterday's General Membership meeting to vote on bylaw changes, TIM MORIARTY interruped the meeting and refused to stand down to allow the bylaw voting to proceed. At which point, I informed the audience that I was calling the police for assistance to restore order to the BSRA meeting. Mr. Moriarty's resonse was "PLEASE CALL THE POLICE, I KNOW ALL OF THEM." When the police arrived, Mr. Moriarty smiled and waved to the police officers who return Mr. Moriarty's wave. Based upon the relationship bar owners have with the police, it is understandable why residents complaints about Legends and the other problem bars were ignored by the police for the 16-months prior to the officer involved shooting.

Its 12:30 am on Saturday night/Sunday morning and there are still at least 6 police cars in Belmont Shore, including the Sergeant’s SUV parked across the street from Legends and the Paddy Wagon parked directly in front of Panama Joes. While walking home, we witnessed a police officer chase down a person on La Verne Avenue, cuff him, put him in the car and take him back to the Jack-in-the box parking lot where he appeared to filling out the paperwork.

I swung through the alleys to see if any of the bars had security in the parking lots behind the bars. The only bar that had security in the parking lot was Panama Joes. His name was David. Very clean cut. Nice personality. I complimented him on doing a fine job of helping to keep things quiet in our neighborhood.

I found it interesting that a Los Angeles County Sherriff’s car was doing laps in Belmont Shore. Saw him drive to one end of 2nd street and do a U-turn and then come back again a little later. I wonder if the city has asked for help from LA County.

All in all, the police are doing a fine job of controlling outrageous bar patron behavior. It is a world of difference compared to a couple of months ago. Thank you police officers for the fine work you are doing. Please don’t dessert the shore.

Any details of the moral or public welfare violations?

1) Section Violated: 24200(a)
(a) When the continuance of a license would be contrary to public
welfare or morals.
2) Section Violated: 23804
23804. A violation of a condition placed upon a license pursuant to
this article shall constitute the exercising of a privilege or the
performing of an act for which a license is required without the
authority thereof and shall be grounds for the suspension or
revocation of such license.

http://www.leginfo.ca.gov/.html/bpc_table_of_co...

According to the ABC, there is an open investigation currently going on with Legends which is owned by Business Association President Gene Rotondo. They would not elaborate on the investigation other than there will be a closed meeting between the ABC and Mr. Rotondo on June 30, 2009. The ABC Investigator in charge of the on-going "open investigation" is Bill Johnson. The ABC’s office Supervisor’s name is Frank Robles. For residents interested in voicing their comments, both men are located in the ABC Long Beach office and can be reached at 562-982-1337

Mr. Robles suggested that residents submit the below linked complaint form each time a problem occurs. Legend's address is 5236 E 2ND ST and their ABC license number is 454457.

http://www.abc.ca.gov/FORMS/ABC099E.pdf

Below is a link to Legends current ABC license.

http://www.abc.ca.gov/datport/LQSDATA.asp?ID=20...

Below is a link to Legends previous ABC license. Notice that Legends has been suspended twice for serving minors. It make one wonder what this June 30, 2009 meeting will be about.

http://www.abc.ca.gov/datport/LQSData.asp?ID=21...

Just passed by ShoreHouse Cafe on 2nd street and saw a sign in their window indicating their alcohol license has been suspended indefinately.

http://www.abc.ca.gov/datport/LQSdata.asp?ID=20...

Any idea why John Morris (Smooths) was on Legends ABC permit in 2008?
http://www.abc.ca.gov/datport/LQSData.asp?ID=20...