civus
Hearing video

ZBA Hearing - March 9, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 9, 20213h 17m

up on the screen i don't think we need to do that but we did include his cv and he uh can briefly

Similar wording

touch on his background um it was exhibit eight i'm sorry exhibit eight in the materials that i

Similar wording

provided um and jerry just briefly explain your background to the board yes sir i'm uh i've been

Similar wording

a member of uh the parks casino team as a director of security since august of 2008 um shortly after

Similar wording

i retired from the philadelphia police department i spent 31 years i retired as a as a police

Similar wording

captain i also retired from the u.s navy as a commander in 2018 32 years of law enforcement

Similar wording

and an aid. Thank you. And are you familiar with the South Philadelphia OTB Race and Sportsbook?

Similar wording

Yes, sir, I am. And, I'm sorry, what procedures does the OTB Race and Sportsbook

Similar wording

employ to ensure that the operation is safe?

Similar wording

We utilize a security team and backed up by a surveillance video team.

Similar wording

And what procedures are employed to ensure that any undesirables are not permitted to

Similar wording

frequent the OTB race and sports book?

Similar wording

We have a procedure whereby if we do have undesirables, there's a process where they're

Similar wording

identified.

Similar wording

I take the individual in question, their paperwork, and I go forward to my superiors and present

Similar wording

that to them, and we opt to permanently evict them.

Similar wording

we can evict them for as little as 30 days or upwards of a permanent eviction.

Similar wording

And are you familiar with the proposal to downsize and relocate the OTB

Similar wording

race and sports book to 1526 Packer Avenue? Yes, sir, I am. And are we correct that this

Similar wording

facility will only be about 2,600 square feet, whereas the present facility is about 36,000

Similar wording

square feet yes sir that's correct and will what impact will the smaller size have on your ability

Similar wording

to provide adequate security it'll have no impact whatsoever okay um i do have to share my screen

Similar wording

briefly mr chairman to explain one other thing while you're doing that mr fritz first let me

Similar wording

thank you on behalf of very one for your years of service both to the city and our country

Similar wording

um have you ever had the occasion to be deployed to work at the 7th packer avenue site

Similar wording

sorry i've been at the 7th packer site uh i haven't been deployed there i i've gone there

Similar wording

to look at the operations and uh i've been in that general area as well as uh i've been uh

Similar wording

also in chickie and pete's uh at 15th and packer uh socially on several occasions

Similar wording

so you're familiar that's why i was getting it you're familiar with both sites okay thank you

Similar wording

Mr. Fretz, I have the floor plan of the entire Chickies and Peets facility up, and I'm circling now the 2,600-square-foot area where the Race and Sportsbook will be.

Similar wording

And right now where I am, is this the only patron entrance to the Race and Sportsbook?

Similar wording

Yes, sir, it is.

Similar wording

and why is it important to only have one entrance from a security perspective

Similar wording

it's easier to control the uh the patrons who frequent the facility

Similar wording

and how will security handle this operation well we would have a security officer present

Similar wording

outside the doors um utilizing a podium we currently here at the casino utilize uh sophisticated

Similar wording

utilizing a podium. We currently here at the casino utilize sophisticated equipment to detect

Similar wording

fraudulent documents. Every person who enters that facility or that sports gaming area would be

Similar wording

required to present valid government-issued ID. If it passed and they were of age, they would be

Similar wording

permitted access to the facility.

Similar wording

And let me just

Similar wording

scroll down.

Similar wording

Is this the exterior of the race and sports book?

Similar wording

Yes, sir, it is.

Similar wording

And where will you have your security personnel?

Similar wording

If you're looking at the screen, I would station my security personnel to my left, looking at the screen.

Similar wording

Yes, in that general area right there, utilize a podium.

Similar wording

There will be a security officer present there with, like I said, the ID scanning equipment,

Similar wording

and would challenge individuals who appear to be 30 years of age or younger.

Similar wording

That's not a mandate from the gaming board.

Similar wording

That's just a request, and we abide by that.

Similar wording

Here at the casino, anyone who appears to be 30 years of age or younger is required to produce a government valid ID.

Similar wording

If they're unable to produce that, they're not permitted entry into the property.

Similar wording

If they are able to produce it and they're 21 years of age or older, they're allowed access to the property.

Similar wording

um in your opinion will the use of this property as proposed cause any impairment to the surrounding

Similar wording

community or neighborhood beyond what would normally be expected from this use

Similar wording

no sorry would not and in your opinion will the operation

Similar wording

um of the otv the relocated otv inside chickies and peats uh cause a greater impact than might

Similar wording

be expected from this operation? No sir I don't believe so. And will there be any likely increased

Similar wording

adverse impact on public health safety or fire risk beyond what would normally be expected from

Similar wording

bringing a race in sportsbook here if this operation comes here? No sir. And in your experience

Similar wording

will this type of operation cause an increased risk of criminal activity beyond that would be

Similar wording

expected from a race and sports book? No, sir. And in your opinion, will there be an increase

Similar wording

of any criminal activity surrounding Tricky's and Pete's if the race and sports book is relocated

Similar wording

here? No, sir. And in your opinion, will the race and sports book attract any new criminal

Similar wording

element to the area? To the best of my knowledge, no, sir. And who do you expect to be the typical

Similar wording

patron at the otv racing sportsbook typical neighborhood uh person who frequents chickies

Similar wording

um to go there as a restaurant it's just an added entity that they'll be able to uh to utilize the

Similar wording

sportsbook i don't see people coming from outside uh the neighborhood i see them going to to the

Similar wording

live casino that they have a bigger sportsbook there i i just see neighborhood folks utilizing

Similar wording

THAT FACILITY.

Similar wording

OH, AND I HAVE ONE LAST THING TO SHARE.

Similar wording

I'M SORRY, I FORGOT.

Similar wording

I HAVE AND I WILL PUT UP IN A MINUTE.

Similar wording

sorry now i'm getting dizzy to read upside down

Similar wording

that's what's the strategy cool yeah

Similar wording

um i have a letter up on the screen could you identify it to the board

Similar wording

Mr. Fritz. Oops, I'm sorry. Yes, sir. It's from the Citizens Crime Commission. Basically thanking

Similar wording

Ron Davis, who's our Director of Diversity and Inclusion here at the casino. We actively

Similar wording

participate in a number of events and law enforcement related as Director Haran spoke

Similar wording

of earlier um and so we actually sponsor um an award to uh an individual police officer

Similar wording

um selected by the the citizens crime commission

Similar wording

selected by the Citizens Crime Commission, as well as a number of other participants

Similar wording

to recognize their valor or their heroism throughout the year, and we actively participate in that.

Similar wording

A number of those individuals are actually colleagues of mine from my days in the Philadelphia Police Department.

Similar wording

And this was sent as a recognition of thanks by the Citizens Crime Commission to Parks?

Similar wording

Yes, sir, it is.

Similar wording

i have no further questions for mr fritz mr chairman mr fritz i have a question uh as it

Similar wording

relates to the security uh how does that how would that work with i assume chicken pizza already has

Similar wording

some in-house security how does that uh how do you guys cooperate what would be the arrangement

Similar wording

uh i'm again i'm assuming that chicken pete already has some security once on site

Similar wording

We, in order to operate in that environment under the gaming board, we would have individuals, they would have to be licensed by the by the gaming board that involves a background investigation, as well as a financial disclosure for them to be awarded a gaming license.

Similar wording

And those individuals would would be assigned there and they would be trained by myself or some of my some of my other managers as to what the rules and regulations were with respect to to the to the sports book and racetrack area.

Similar wording

And there would be, let me ask you another way. How do you guys interact? Is there some sort of a standard cooperation between your security force and the security folks that work traditionally for Chicky and Pete's?

Similar wording

Well, there would be a, you know, I can't speak to that because, you know, obviously that doesn't currently exist, but I can speak to the casino here and with Chickie and Peach, we have an excellent working relationship.

Similar wording

They typically have some managers who act as security present here at the casino. We have a good working relationship with the Ben Salem Township Police and local law enforcement.

Similar wording

And equally, in Philadelphia, I'm sure that we would have, based on, you know, my background with the police, the Philadelphia police, we would have an excellent working relationship with not only the Pennsylvania State Police, but the Philadelphia Police Department, if needed.

Similar wording

Thank you. Any questions from the board for Mr. Fritz?

Similar wording

No.

Similar wording

No.

Similar wording

No.

Similar wording

Okay. Mr. Bonney?

Similar wording

Yes. I have a number.

Similar wording

I just want to remind everyone it is 1 16. We're shutting down and I'll use that. I shouldn't use

Similar wording

that word phraseology, but we'll be ending this hearing at 1 30. Okay. Um, thank you. Uh, you know,

Similar wording

Mr. Fretz, thank you. And, uh, thank you for coming to the RCO meeting. Um, and, uh, just,

Similar wording

Just, you know, before I dive into the nuts and bolts, does Parks Casino give any financial support to the Citizens Crime Commission?

Similar wording

Financial support? I mean, you'd have to talk to Ron Davis about that.

Similar wording

I know that we buy, we pay for the award, the trophy that is given to law enforcement officers.

Similar wording

I don't have that immediate information beyond that.

Similar wording

Okay, how about the police department in Ben Salem to provide any financial support or, you know, gifts, donations, share the, you know, cost and events, things like that.

Similar wording

That's above my opinion.

Similar wording

I don't know why it's relevant, Mr. Chair.

Similar wording

Yeah, I mean, I'll cut it.

Similar wording

I'll get into the heart of the matter.

Similar wording

As far as I know, parks, and I'm not sure if they still do it because I was friendly with the mayor of Ben Salem.

Similar wording

certain portion of the revenue that is generated goes to reduction of real estate taxes for the

Similar wording

residents of Ben Salem I don't know if that still still exists as far as I know it does

Similar wording

right I'm just asking about you know sometimes I'm not saying parks but I specifically but

Similar wording

sometimes you see casinos you know the money they're either making donations or it's from

Similar wording

the local share of the taxes that it goes to buy a firetruck or police equipment. And, you know,

Similar wording

look, a ton of donations are made. I think Mr. Davis spoke to a ton of donations and I'm,

Similar wording

you know, the Red Cross and whatnot. And I'm just asking whether the institutions that were

Similar wording

mentioned today are the recipients. But I understand that it's above Mr. Fretz's pay grade,

Similar wording

and so I'll go more to the heart of the matter. First of all, you spoke, Mr. Fretz, about evicting somebody.

Similar wording

First of all, you spoke, Mr. Fretz, about evicting somebody for 30 days or evicting somebody permanently.

Similar wording

And, you know, where are those? I don't know. I don't understand what you're saying there.

Similar wording

Can you explain where that, you know, what structure you're referring to?

Similar wording

Mattioli asked me, how did we deal with undesirables?

Similar wording

um so when an undesirable is brought to my attention typically a security manager unless

Similar wording

i have intimate knowledge of of the event a security manager would bring that to my attention

Similar wording

i would gather all the information and i would take it to my superiors and we would sit down

Similar wording

and we would decide um if we were going to evict this individual and based on what whatever they

Similar wording

were involved in whether it would be something as minor as 30 days or it could be something

Similar wording

as major as, you know, a permanent eviction.

Similar wording

Well, but again, I'm having trouble understanding the scenario here.

Similar wording

So would you agree with me that in your time at Parks Casino,

Similar wording

there's been, you know, incidents where a gambler has punched a slot machine

Similar wording

and sort of, you know, punched a slot machine.

Similar wording

Do you have experienced that?

Similar wording

we don't have slot machines at this facility i understand

Similar wording

i see guys punch the bar when somebody makes a field goal and cost them the bet i mean it's

Similar wording

people get emotional i'm asking mr frets i think he knows the answer and i'm using this as an

Similar wording

example to understand his eviction process please this is the this is a very important matter okay

Similar wording

Or if someone damages a slot machine and we identify who that individual is, we have our slot technicians determine the extent of the damage and what it would cost to repair it.

Similar wording

We then give the individual an opportunity to pay restitution for the damage that was done.

Similar wording

And quite honestly, if they refuse to pay restitution, then that would be where I would take steps to go up to my superiors and ask them, you know, if they would want them evicted.

Similar wording

Okay, so in an instance like that, would you consider evicting that person from the premises that day?

Similar wording

I would not.

Similar wording

You would not.

Similar wording

Okay, so that would not rise to the level of an addiction.

Similar wording

Would that rise to the level of an arrest?

Similar wording

Would you call the state police over and have that person arrested?

Similar wording

Just to be clear, typically when there's damage done to a machine, we don't recognize that damage maybe for another hour or so unless someone actually witnesses it.

Similar wording

So that would require an investigation.

Similar wording

Well, if let's say you witnessed it, come on now.

Similar wording

Yeah. So if I witnessed somebody that damaged the machine, then I would personally get their information.

Similar wording

And then I would have a slot technician determine what type of damage was done to the machine and come up with some monetary amount.

Similar wording

And then I would ask them to leave for the day for sure until we completed our investigation.

Similar wording

You would. OK, but you wouldn't necessarily refer to them to the state police for arrest.

Similar wording

It really all depends. The state police would make that decision whether or not it would amount to a vandalism, but I don't make that decision.

Similar wording

You don't make that decision. Okay. You mentioned that you have security guards. You would have security guards outside of the glass doors here at a podium.

Similar wording

um and you did mention that those security guards would would have to go through background checks

Similar wording

and get personal licenses from the gaming control board is that correct yes sir what kind of idea

Similar wording

are they in a uniform are they uniformed or are they in a suit and tie well they typically be in

Similar wording

it so we have both suit and tie and uniforms we have line level security officers who are uniform

Similar wording

and we have um sir i'm asking for this facility yeah you you i'm asking for this facility would

Similar wording

they be in uniform or not i i i can't answer that right now i don't i don't know what the superiors

Similar wording

have um okay i would suggest that they would be in a uniform you would suggest that they would

Similar wording

be in uniform so it would be recognizable okay would there be signage that says um you must be

Similar wording

21 or older to get in here absolutely that's a gaming board requirement okay and is and would

Similar wording

that be on the podium or would that be on the door I don't know where it would be posted quite

Similar wording

honestly it would be in a conspicuous location okay now you did mention I was going to seize

Similar wording

on something but I think you clarified yourself that it it's not everybody that walks in gets

Similar wording

It's not everybody that walks in gets carded.

Similar wording

discarded. Am I correct?

Similar wording

Am I correct that it's only people that those security guards believe that may be 30 or younger?

Similar wording

Yes, sir, that's correct.

Similar wording

Okay, so if they think they're 31, they're not going to card that person?

Similar wording

That's correct.

Similar wording

Okay.

Similar wording

Would you agree with me that there's been numerous occasions where underage gamblers have been identified

Similar wording

at Parks Casino and Ben Salem.

Similar wording

I would disagree.

Similar wording

You don't believe that the Game and Control Board

Similar wording

has ever, well, I'll ask it this way.

Similar wording

Are you aware as to whether the Game and Control Board

Similar wording

has ever fined Parks Casino

Similar wording

or their parent corporation

Similar wording

for allowing or allowing,

Similar wording

I'm not saying consciously allowing,

Similar wording

I'm saying for allowing minors

Similar wording

or underage people

Similar wording

to bet on slot machines etc at parks casino you're not aware of that no i'm aware of it i'm

Similar wording

i'm intimately aware of that because i'm part of that process okay well then i i guess

Similar wording

different wavelengths with the previous question oh i need to ask the question mr fritz the policy

Similar wording

is if the security person personnel believe that the person who's trying wants to enter that that

Similar wording

portion of the facility doesn't appear to be 30 years old or older, then they would ask for ID,

Similar wording

correct? Yes, sir. That's just policy. Is that correct? Yes, sir. So there would be nothing to

Similar wording

prevent the policy from saying that everyone who enters or wants to enter should be carded to see

Similar wording