Quotes involving Dennis Rittenback – Deputy Director of the Planning Department:

“Outdoor dancing is not allowed in any zone in our County.” (Tr. Day 1 at 19).

Quotes involving Bonnie Barriola – Senior Planner (Retired):

Gruber: Did you have any idea of what the stage would be used for?

Barriola: I don’t remember –

Gruber: Would someone use a stage in a CB2 for reading of literature, poetry, would that be something that would be permissible?

Barriola: Probably, yes, yeah. That would be –

Gruber: What about plays?

Barriola: Yeah , just –

. . .

Gruber: But if a stage is for a live band playing with people dancing, is that when a problem does exist?

Barriola: Well, we would have discussed that. The dancing, of course, is not allowed . . . .

(Tr. Day 1 at 57-58).

“The County, although we have building inspectors, and I admit, I was not here at that time, so I don’t know what they did, but people can’t just go out and watch over them every minute of the time.”
(Tr. Day 1 at 249-50).

Quotes involving Dale Bell:

“[T]hat I envisioned it being like stepping back in time 100 years to a mining camp, and I didn’t envision a mining camp, Sir, to be one where you’d read poetry from a stage.” (Tr. Day 1 at 78) (discussing what he envisioned when he wrote down “rustic western restaurant” on his application).

Dale: I didn’t build anything for dance hall activities. I did build a stage for outdoor entertainment; that’s true.

Gruber: And you never mentioned what was in this – when you label it now, in Plaintiff’s Exhibit number nine (indiscernible – mic interference) and went into any detail of what would be happening on that stage, because you told me old west. There’s going to be no poetry, is there, Mr. Bell? No poetry; correct? Is there going to be poetry? Wait –

Dale: What are the rest of the things you said could have happened there? Puppet shows? I’ve heard that one.

Gruber: There could have been a comedian; there could have been mimes, pantomimes.

(Tr. Day 1 at 98).

Gruber: But, so let’s get it straight that the nature of the violation is that you are allowing and permitting the dancing to take place.

Dale: I am not the dance police.

(Tr. Day 1 at 101).

Gruber: Did you – you still allowed the outdoor entertainment to take place even though the dancing was taking place?

Dale: The outdoor entertainment is part of the venue. It was from the beginning. This was outlined with everybody from Sandy Smith to every person we talked to that it would be entertainment on the stage, which is why the stage is in the courtyard. It’s country/western, we said it’d be that. It’s not going to be rap. It’s not going to be Metallica. It’s going to be country/western.

(Tr. Day 1 at 111).

Gruber: “So, actually, the County has backed off. But you want the County to back off – isn’t it true you want the County to back off even more with all the breaks you got from the County?” (Tr. Day 1 at 119) (implying the 200 square foot “compromise” was many of the many breaks Dale received).

Quotes involving Wes LaCrosse – Chief Correction and Code Compliance Manager:

Herbert: Well, how is an owner supposed to know if he’s in code compliance if the County gives him a certificate of occupancy and gives him a permit to operate if you guys don’t get involved and nobody goes out there to inspect it to make sure it’s in code compliance?

LaCrosse: We –

Herbert: Can people just open being in violations of codes?

LaCrosse: If we have a complaint filed against a property owner, whether it is be a commercial or residential, that’s when we get involved.

Herbert: And that could be months and months after the fact?

LaCrosse: Correct.

(Tr. Day 1 at 186-87).

Herbert: Okay. Are you considering the open areas there in the courtyard to be floor space?

LaCrosse: Yes, Sir, I would be.

Herbert: And where is floor space defined in the Code so that you can point that out to the Applicant?

LaCrosse: What I would say, because of the way he describes his building as an enclosed, and I can’t remember exactly his wording on it, but he is referring to the complete enclosure as his restaurant.

Herbert: Well, then, the people are dancing in the enclosure too, aren’t they? If you’re going to consider it an enclosure for purposes of determining parking spaces, wouldn’t you consider it an enclosure for determining whether the people who are dancing are doing so in an enclosed area?

LaCrosse: In this particular case, I’m referring to the square foot of the floor area.

(Tr. Day 1 at 191).

LaCrosse: That’s what would be required if that’s the compromise by the Senior Planner.

Herbert: And so you’re saying that nothing that happened subsequent to that, that were any different, that the County requires him to reduce the size of the establishment or the County puts other restrictions on there that for you purpose, that you go back to this March 29^th, ’04 document as the controlling document, whether it complies with your code provisions or otherwise?

LaCrosse: That would be correct.

(Tr. Day 1 at 197).

Quotes involving Troy Gillespie – Code Compliance Officer:

Gruber: And do you recall as to what type of outdoor entertainment you were able to observe when you were at the property?

            Gillespie: I was never right next to what the call the dance floor, the encampment. I was around the periphery, the perimeter of the property. But there was a band playing and lots of people dancing and whooping and hollering. Having a good time.

Gruber: When you say whooping and hollering, what was that in reference to?

Gillespie: Just dancing, having a good time.

(Tr. Day 1 at 206).

Herbert: Okay. You signed the citation. Do you believe that Mr. Bell is operating a dance hall on these premises?

Gillespie: Yes, Sir.

Herbert: Based on what?

Gillespie: The two nights I was up there and observed him.

Herbert: The fact that some people were dancing at some particular times on the premises, you believed that he was running a dance hall as opposed to a restaurant?

Gillespie: Yes, Sir.

(Tr. Day 1 at 216-17).

Herbert: Is there anything in there at all to indicate that Mr. Bell is inviting patrons to come on the premises and dance?

Gillespie: Not in so many words. A reasonable person looks at this and, it’s party time. Let’s go dance.

Herbert: Would a reasonable person, when they were looking at plans that included a stage and live entertainment would also come to the conclusion that may people would get up and dance in this establishment?

Gillespie: I don’t know, Sir.

(Tr. Day 1 at 220).

Gillespie: I’ve been out – I’ve had lunch at the San Tan Flat.

Herbert: Oh. Did you observe people dancing during your lunch hour?

Gillespie: No.

Herbert: Okay. Do you know how many – do you yourself go there to eat?

Gillespie: I have.

Herbert: Even though he’s in code violation?

(Tr. Day 1 at 236).

Quotes involving Steve Brown – Sales Representative for Shamrock Foods:

Brown: I am surprise that, viewing that, and you can see that there’s a stage and a country/western theme, that they would imagine that there wouldn’t be some sort of outdoor entertainment.

Gruber: Now remember, we are not – the County’s position’s never been that outdoor entertainment such as poetry reading, mimes, comedians, theater, plays that that would be something illegal any (indiscernible). We are concerned about the dancing that affects the neighbors near this location.

(Tr. Day 1 at 263).

Herbert: Have you ever been to a wedding reception?

Brown: Yes.

Herbert: Have you ever been there when people danced?

Brown: Yes.

Herbert: Have you been to wedding receptions in churches?

Brown: Yes.

Herbert: Does the fact that people are dancing there, does that in your mind convert that to a dance hall?

Brown: Not in my mind.

Herbert: Okay. Have you ever been to a reception at a hotel, or, like Francisco Grande or the Holiday Inn where they cater events, receptions and things like that and have dancing in the courtyard?

Brown: Yes.

Herbert: And in your mind, does that convert them from a hotel and restaurant operation to a dance hall operation?

Brown: No, not in my mind.

(Tr. Day 1 at 264-65).

Quotes involving Lee Alexander Morris – Artist and Entertainer:

Herbert: So you played band at a church?

. . .

Morris: Yeah. I was a music minister for a while. And then I played, before that, in various other bands.

Herbert: Anybody dance at the churches where you played?

Morris: More than they do at San Tan Flats, yes. Of course again, I was a charismatic worship leader.

Herbert: Would you consider those churches dancehalls because people danced there?

Morris: No.

(Tr. Day 2 at 8).

Quotes from Gruber’s closing argument:

“But of more concern, is the morphing that takes place on the weekends where the family entertainment is really something that’s not the primary focus, but now it has shifted where it’s becoming as the County had stated, an outdoor entertainment that has morphed into this dance club / dance hall activity.” (Tr. Day 2 at 72).

“Another thing to add an environment, an atmosphere of neighbors near Mr. Bell which is jut not conducive to a normal lifestyle. This neighbor, from the complaints that Mr. Gillespie had received, they’re dealing with the noise issues; they’re dealing with the issues of parking issues and one of the things that they are most concerned about is that they were not fully informed – that Mr. Bell did not fully divulge what he wanted to do.”

(Tr. Day 2 at 77).

“A public dance hall is any place, licensed or otherwise, where the public is invited to use and does use for the purpose of dancing or public hall where the public dances that includes also premises such as restaurants, nights clubs, parks, etc.” (Tr. Day 2 at 88) (emphasis added).