RETURN DATE: JANUARY 12, 2015 SUPERIOR COURT CITY OF ANSONIA J.D. OF ANSONIA/MILFORD. Vv. t AT MILFORD SAVOR LOUNGE, LLC, TADJWID WILSON and 370, LLC DECEMBER 24, 2015 REVISED VERIFIED COMPLAINT 1. The Plaintiff, City of Ansonia (hereinafter “the City’), is a municipal corporation with its principal place of business at 253 Main Street, Ansonia, Connecticut. 2. The Defendant, 370, LLC, a Connecticut limited liability company with a principal place of business at 8 Boulder Creek, Newtown, Connecticut 06470, is and “has been at all dates at issue the owner of real property located within the City of ‘Ansonia bounded and described as follows: Please see Exhibit A appended hereto and made a part hereof Said real property has a street address of 370 East Main, Ansonia, Connecticut, (hereinafter “the Property’). {00851215.D0CX Ver. 1}13. The Defendant, Savor Lounge, LLC, is and was at all dates at issue a tenant at the Property where it owned and operated a dance hall/night club and bar known as the “Savor Lounge.” 4. The Defendant, Tadjwid Wilson (also known by the aliases “Ty Wilson” and “Bossman Buddha’), is and at all dates at issue was the sole member of Savor Lounge, LLC and manager of the Savor Lounge dance hall/night club and bar. 5. __ Since the date of its opening on or about May, 2015 the Savor Lounge has constituted a dangerous public nuisance and poses an increasingly serious threat to the health and safety of its patrons, surrounding businesses, law enforcement officials and the general public. Please see Exhibit B, Affidavit of Police Chief Kevin Hale, appended hereto and made a part hereof. 6. Since the date of its opening the Savor Lounge has regularly held itself ‘open to the public on Friday and Saturday nights until 3:00am and attracts unruly crowds that far exceed the 293 person occupancy limit of the Property. The emptying of these large, unruly crowds onto the streets of Ansonia between 1:00am and 3:30am has created an increasingly dangerous and unsafe environment for law enforcement officials and the general public. See Exhibit B. (00851215 000x Ver. 127. The crowds exiting the Savor Lounge on Friday and Saturday nights between 1:00am and 3:30am have taxed the Ansonia police department to the extent that all on duty officers are required to be in the location of the Property to contend with an increasingly rowdy, violent behavior, disorderly conduct, loud music and a variety of disruptive conduct fully described in Paragraph 9 of this Complaint, thereby preventing the Ansonia Police Department from patrolling any other area of the City during those hours. See Exhibit B. 8. Since the date of its opening Savor Lounge has improperly held itself open for business for an extra hour on Friday and Saturday nights/early mornings, until 3:00am, on the basis of a Café License that allows establishments that regularly serve food to remain open between 2:00am and 3:00am. An inspection by the Ansonia Police has revealed that Savor Lounge does not regularly serve food at any hour of the day. See Exhibit B 9. More specifically, the Ansonia Police Department has, to date, documented the following increasingly severe incidents at the Property in connection with Savor Lounge: a. December 20, 2015 Fight- four arrests made b. December 19, 2015 Fight- four arrests made {00851215.D0CX Ver. 1}3.December 13, 2015 December 6, 2015 November 26, 2015 November 22, 2015 4:10am. November 22, 2015 2:52am November 22, 2015 2:50am November 22, 2015 2:44am November 22, 2015 12:20am November 21, 2015 1:50am November 21, 2015 3:06am November 21, 2015 12:58am November 8, 2015 2:47am November 1, 2015 2:20am October 30, 2015 1:56am October 18, 2015 12:36am October 11, 2015 3:21am October 10, 2015 2:52am October 10, 2015 2:31am DUI/Evading MVA — one arrest made False fire alarm Search warrant served, bullet recovered Numerous fights Large fight Shots fired/Female patron shot Disorderly Conduct- one arrest made Crowd control Stolen motor vehicle- one arrest made Gun seized Loud music Disorderly Conduct- two arrests made Disorderly Conduct- one arrest made Loud music- infraction issued ‘Argument out front of establishment Intoxicated person Multiple physical altercations Disorderly Conduct- one arrest made {00851215.000X Ver. 1}4w. — September 20, 2015 2:32am Suspicious activity x. September 13, 2015 1:42am —_Loud noise complaint y. September 12, 2015 3:45pm Stolen wallet z. September 6, 2015 1:27am —_Intoxicated person aa. August 24, 2015 2:43am Assault | bb. August 23, 2015 11:52pm Assault ce, August 16, 2015 2:16am Altercation in front of establishment dd. August 2, 2015 2:13am Breach of Peace- one arrest made ee. July 5, 2015 2:49am Disorderly Conduct See Exhibit B. 10. In a number of the above documented incidents, police officers were called in from two neighboring departments to assist with removing the large crowds and attempting to keep the peace. See Exhibit B. 14. Most significantly, on or about November 22, 2015 at approximately 2:30am, a female patron of Savor Lounge was struck with a bullet outside the nightclub as she fled from shots fired inside the establishment. 12. Following the November 22, 2015 shooting, on or about November 23, 2015, the Defendant 370, LLC was served with a written notice of a violation of the (00851215.00¢x Ver. 115City's Chronic Nuisance ordinance, Section 13-43 et al of the Ansonia Code, on the basis of the myriad incidents listed in Paragraph 9 of this Complaint. A copy of the citation was delivered to the Defendants Savor Lounge, LLC and Tadjwid Wilson. Please see Exhibit C appended hereto and made a part hereof. 13. On or about November 23, 2015, city officials met with the Defendant Tadjwid Wilson to discuss the November 22, 2015 shooting and the numerous documented incidents at the Property. At the meeting, Mr. Wilson admitted that the size of his crowds regularly exceeded the Property's occupancy limit of 293 by 80 to 90 people. At this meeting Mr. Wilson pledged to increase security at the establishment and conduct more intimate “family oriented” events at Savor Lounge. See Exhibit B. 14. At the November 23, 2015 meeting, the Defendant Tadjwid Wilson denied that any shots were fired inside Savor Lounge on November 22, 2015 and further stated that he was providing sufficient security at the Property. 15. On November 26, 2015 the Ansonia Police Department executed a search | warrant at the Property and discovered a bullet lodged in the dance floor. 16. Subsequent to November 26, 2015, the Defendant Tadjwid Wilson admitted to Ansonia Police Chief Kevin Hale that there was a security breach at Savor Lounge on November 22, 2015. Specifically, he admitted that members of his security {00851218,00Cx Ver. 1)6team had improperly allowed patrons to access through the rear doors of the facility, thereby allowing an armed patron access to Savor Lounge. 17. Despite his pledge of the Defendant Tadjwid Wilson to conduct more | intimate, family oriented events at Savor Lounge, the establishment continued to host adult-orientated events lasting until 3:00am up to the present date. These events continue to attract large, unruly crowds that tax the limits of the Ansonia Police Department, prevent Ansonia police from patrolling other areas of the City between 1:00am and 3:30am, and have so far resulted in nine more arrests and additional instances of disorderly conduct. More specifically, late night events were held on the following days: | a. December 20, 2015 Fight- four arrests made b. December 19, 2015 Fight- four arrests made d. December 13, 2015 DUI/Evading MVA - one arrest made e. December 12, 2015 Event held - No arrests 18. Upon information and belief, the Defendants intend to continue holding late nightfearly events that attract large, unruly crowds between the hours of 1:00am and 3:30am on Friday and Saturday nights and in particular during the Christmas and || New Year holidays. {00851215,DOCX Ver. 1}7! 19. Savor Lounge will be holding its next event this Saturday, December 26", advertised as an “All You Can Drink Day After Christmas Party" from 10pm until 3am, posing an immediate danger to the welfare of patrons, police officers, and the general public. See Exhibit B. 20. Due to the continued presence of large and unruly crowds at the Property as described, and the failure of the Defendants to take corrective action, Ansonia police officers are being substantially outnumbered, endangered and their safety is being placed at risk. 21. Due to the continued presence of large and unruly crowds at the Property | as described, and the failure of the Defendants to take corrective action, the patrons of Savor Lounge and the general public are being endangered and placed at risk. 22. Due to the continued failure of the Defendants to enforce the occupancy limit at the Property, the patrons of Savor Lounge, Ansonia police officers and the “general public are being endangered and placed at risk. 23. Unless the Defendant Savor Lounge, LLC is enjoined by the Court from operating the Premises as a dance hall/night club and bar, the Plaintiff City of Ansonia and its citizens will suffer irreparably loss and injury. {00851215.D0CX Ver. 1}824. The only adequate remedy is for the Defendants to be immediately prohibited from operating the Property as a dance hall/night club and bar. 25. The Plaintiff City of Ansonia has no adequate remedy at law. Prayer for Relief The plaintiff, City of Ansonia, hereby requests the following relief: (1) _ the Defendants be ordered to appear at an ly date to show cause why the prayer for an injunction should not be granted; and (2) pending such hearing, a temporary restraining order issue ex parte to: | (A) restrain the Defendants from operating the Savor Lounge, located at 370 East Main Street, Ansonia, Connecticut as a dance hall/night club and bar; and (B) to close Savor Lounge until the show cause hearing on the temporary injunction. {00851215.00CX Ver. 1}9OF ANSONIA THE PLAINTIFF BY / Bgfchem, Moses & Devlin, P.C. Broad Street ilford, CT 06460 (203) 783-1200 Juris No. 22801 Its Attorney (00851216 000x Ver 1)10EXHIBIT AEXHIBIT A Property Description LEGAL DESCRIPTION All that certain plece or parcel of land, with the buildings and improvements thereon, situated inthe City of ‘Ansonia, County of New Haven and State of Connecticut, located on the Easterly side of East Main street, bounded and described as follows: Being shown and designated as “Parcel C" on map entilled, “Map of Land of Patrick E. Ryan and Eugene W. Karat, leated at Factory and Tremont Steels in the City of Ansonia, Conn, Scale 1 in. = 20 f.. Api 28, 1852" on fe In the Ansonia Town Clerk's Office as Map No, 4-215. Said parcel being bounded: WEST: by East Main Steet, formerly called Factory Steet, by a curved line, 65.01 fet: NORTH: by Parcel B as shown on sald map, 184.39 feet, more or less; EAST: by land now or formerly of Leslie Wayans, 66.5 feet, mare or less: SOUTH: by Parcel in part, and in part by Parcel D as shown on said map, 19664 fot more or less. Together with certain passway rights 95 set forth in deed from Paltick F. Ryan, et al to Ewald C. “Thoennes by deed dated May 9, 1952, recorded in Vol 81 Page 92, Ansonia Land Records, except as ‘modified by Quit Claim deed from Ewald C. Thoennes to Willam Lapse (Lasse) dated January 9, 1965 , recorded in Vol. 125, Page 349, Ansonia Land Records. Recah fo Recor at Ansari, CT ‘ono710272008 At 42358 pm oup.ageupLtc ii Es 483 Page: 589 Seq: 2EXHIBIT BRETURN DATE: JANUARY 4, 2015 SUPERIOR COURT CITY OF ANSONIA J.D. OF ANSONIA/MILFORD v. AT MILFORD SAVOR LOUNGE, LLC, TADJWID WILSON and 370, LLC i DECEMBER 23, 2015 REVISED AFFIDAVIT OF ANSONIA POLICE CHIEF KEVIN HALE STATE OF CONNECTICUT ~—). ) SS.: Ansonia COUNTY OF NEW HAVEN ) The undersigned, being duly sworn, hereby deposes and says that: 1. Lam over the age of 18 years of age and believe in the obligation of an oath. = 1am the Chief of the Ansonia Police Department and am familiar with the facts set forth in this Affidavit. 3. Since the date of its opening on or about May 2015 the Savor Lounge has constituted a dangerous public nuisance and poses an increasingly serious threat to the health and safety of its patrons, surrounding businesses, law enforcement officials and the general public. {00851216.DOCX Ver. 1}ATTACHMENT ANEU TRU era,EXHIBIT CNovember 24, 2015 370 LLC C/O Mr. James Puleri 8 Boulder Creek Rd Newtown, CT 06470 Sent Via Certified Mail Mr. Puleri: You are receiving this letter because the property that you own at 370 East Main Street, Savor Lounge, in Ansonia has been the subject of the following complaints within the past sixty-(60) days: * November 22, 2015 4:10am Numerous fights ‘+ November 22, 2015 2:52am Large fight ‘© November 22, 2015 2:50am Shots fired ‘+ November 22,2015 2:44am Disorderly Conduct- one arrest made © November 22, 2015 12:20am Crowd control + November 21,2015 1:50am Recovered stolen motor vehicle- one arrest made © November 21, 2015 3:06am Gun seized © November 21, 2015 12:58am Loud music + November 8, 2015 2:47am Disorderly Conduct- two arrests made ‘+ November 1, 2015 2:20am Disorderly Conduct- one arrest made ‘* October 30,2015 1:56am Loud music complaint- infraction issued © October 18,2015 12:36am Argument out front of establishment © October 11,2015 3:21am Intoxicated person * October 10, 2015 2:52am Multiple physical altercations in doorway of establishment+ October 10,2015 2:31am Disorderly Conduct- one arrest made + September 20, 2015 2: Suspicious activity © September 13, 2015 1: Loud noise complaint © September 12, 2015 3:45pm Stolen wallet + September 6, 2015 1:27am Intoxicated person transported to the hospital © August 24,2015 2:43am Assault no arrest © August 23,2015 11:52pm Assault no arrest © August 16, 2015 2:16am Altercation in front of establishment * August 2, 2015 2:13am Breach of Peace- one arrest made + July 5, 2015 2:49am Disorderly Conduct no arrests made (It must be noted that on a number of these situations, police officers were called in from neighboring departments to assist with removing the large crowds and attempting to keep the peace. Per Ansonia Ordinance Section 13-43 et al, Chronic Nuisance Property Ordinance, I am advising you that your property at 370 East Main Street is in danger of being deemed a chronic nuisance. ‘A copy of the ordinance is attached for your convenience. As per the ordinance, you are required to take both of the following steps: * Respond to me within ten (10) days of the receipt of this notice to discuss the nuisance activities and create a plan to abate the chronic nuisance; © Resolve the nuisance activities within sixty (60) days. If you choose not to respond this notice, then your property shall be declared a chronic nuisance and will be posted as such and the matter shall be turned over to the Corporation Counsel for civil enforcement, The maximum penalty for such failure to respond is $30,000. If you are unable to abate the chronic nuisance situation, or you choose not to abate the chronic nuisance situation, then the matter will be turned over to Corporation Counsel for civil enforcement. If legal action is sought, your property could be subject to foreclosure and civil penalties and/or costs assessed up to one hundred dollars ($100) per day if it remains a chronic nuisance property. Turge you to attend to this matter at once and I look forward to working with you to address these concerns. Kevin J. Hale Chief of Police