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City Council Disciplines Lift Lounge
Citing long list of police calls to Locust Street club, Walnut Creek council mandates change in alcohol-serving time to 11:30 p.m.
Looking over a long list of police calls over two years, the Walnut Creek City Council came down Tuesday on a downtown tavern, scaling back the latest it could serve alcohol an hour to 11:30 p.m.
Earlier in the public hearing, Lift Lounge representatives indicated the loss of one hour of alcohol service would drive them out of business.
Walnut Creek Police Capt. Tim Schultz said Lift had about 80 calls for police services — including citations for assault, fighting, public urination — in the last two years. Among comparable bars, the establishment with the next highest number of calls in the same period was under 20, said Schultz.
Schultz said police had sought cooperation with management of the Locust Street club in trying to address recurring problems over the two years, but got little response until December, when the city Planning Commission mandated changes in Lift's conditional use permit.
Lift had appealed the Planning Commission changes, and the City Council unanimously denied that appeal Tuesday night.
Earlier in the debate, Lift lawyer David Bowie said the only police citations of Lift actually sustained were ones citing overcrowding from two years ago. "That's not to say we can't improve the actual standards," said Bowie. "We can and we will."
Eight residents spoke in favor of Lift. Many were customers who appreciated the niche filled by Lift as a source of good, inexpensive food available downtown late at night. "I would be disappointed to see any limitation on the restaurant that would no longer serve in the capacity and the niche it does," said Dr. John Gainey, a physician at John Muir Medical Center. He cited Lift for its atmosphere and the service and professionalism of staff.
One resident, Justin Wedel, excoriated the council for "pointing fingers and deflecting blame" while turning "a blind eye to the oversaturation of bars and quasi-bars" downtown.
Co-owner Jasmine Butler said her father had taken out a second mortgage to loan her money for a stake in Lift. She said taking away the profitable last hour of Lift's alcohol business would likely cause her to lose her house and her father to lose his house.
Mayor Bob Simmons said, "The information in the record and everything we have heard tonight demonstrates a number of violations of the conditional use permit that both justifies and warrants our taking action."
Beyond the new provisions for alcohol-serving time, the changes in Lift's conditional use permit include conditions for maintaining food service and a ratio of food to alcohol sales, no reduced price beverage promotions, proper dress and training for security personnel, and patrols of areas outside the lounge.
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mikedude
7:31 am on Wednesday, February 8, 2012
A totally deserved punishment. If Lift can't clean up their act and operate as a bona fide eating establishment, they deserve to go out of business.
TheRealBarman
7:52 am on Wednesday, February 8, 2012
It's good to see Russia is still alive and kicking in our fine town...
David Ogden
8:03 am on Wednesday, February 8, 2012
Russia--an accurate comparison if you're referring to their love of vodka and drunken brawls. Vibrant night life is important to Walnut Creek's business community; people wandering the streets in drunken stupors picking fights is not.
thedubc
9:01 am on Wednesday, February 8, 2012
I wouldnt say Russia, more China Socialists.... are you kidding me? "Beyond the new provisions for closing time, the changes in Lift's conditional use permit include conditions for maintaining food service and a ratio of food to alcohol sales, no reduced price beverage promotions, proper dress and training for security personnel, and patrols of areas outside the lounge." So now the City Walnut Creek has to pay someone to monitor the ratio of food and beverage sales? And what if the ratio is off and they over sell food? Do they get shut down? If you are going to single out one establishment, you might as well do it for all establishments. All the City Council did was at 1130, everyone will leave Lift and head to another establishment and cause problems. Not that Im a big barfly or go out every weekend (rarely anymore) but if I do... Im out for the night... Im not going home at 1130 because one bar closed... I go to another bar and spend my money.
Fine, Lift had or has some issues. But if they can come back and show the community that they ARE responsible, then what? They still get punished. All about fair and equal, and this is clearly not fair and equal. But I guess time will tell.
mikedude
10:05 am on Wednesday, February 8, 2012
I'm going to go out on a limb here and say that Lift nor any of the other bars masquerading as restaurants will ever "over sell" food. The issue is that they don't sell anywhere near ENOUGH food to qualify as a "bona fide eating place." A condition of ANY alcohol license in the city for a restaurant should mandate a minimum percent of revenue that must come from food. If you can't do that, sorry, you're operating as a bar and you don't have a permit for that; say goodbye to your business. But you are right, if they're going to apply it to Lift, it should apply to everyone. It's long past time to bring all places that serve alcohol in Walnut Creek under the same rules and restrictions.
Lance Howland
10:21 am on Wednesday, February 8, 2012
Responding to thedubc's point about 11:30 closing and inebriates will just move down the line. In the discussion at council, police Sgt. Tim Schultz said they chose 11:30 on purpose because no other establishment in the area has an 11:30 closing time. From a public safety standpoint, police like to stagger (no pun intended) the closing times and avoid having several popular places let out customers, potential brawlers, all at once, Schultz said.
-- Lance Howland, editor, Walnut Creek Patch
Scott F
9:08 am on Wednesday, February 8, 2012
It's actually kind of fun to watch the very drunk young ladies clad in micro miniskirts try to navigate the Walnut Creek sidewalks. And I won't lie, it's hysterical to watch them fall off the 6" pumps!
thedubc
10:31 am on Wednesday, February 8, 2012
Lance, this is where there should be an "establishment" zone. Right now, there is no zone. They can stagger times all they want, but if you have an issue at Masses at 2am, and then there is another one opposite end of town. If you concentrate the closing times to a "zone" you can then establish police presence, safety, etc. I made the example of Locust and Main street between say Olympic and Civic have the same closing times. (or wherever you want).
strummer
11:21 am on Wednesday, February 8, 2012
I should state before i get started that i am a bartender in Walnut Creek and that I am concerned that my income may be altered if all bars are lumped together and have to close early.
Lift and other "restaurants"/bars in the downtown area are close to ruining things for a lot of other establishments in Walnut Creek. 80 police calls in 26 months at Lift alone? That's crazy, I've been at my BAR for 5 years now and we've had the police show up 2 times. Lets just state things how they are. Lift and other troubled bars/clubs/restaurants downtown are attracting a bunch of drunk troulble makers.Flat out, these bars attract a thug element. I hope the city cuts out the cancer and allows other buisnesses that have operated without incident or minimal issues, to remain uneffected. I would also be disapointed if the City is only furthering an agenda and using the currecnt climate downtown as a way to get what they might be wanting anyway.
Courtney C Escanio
1:09 pm on Wednesday, February 8, 2012
I honestly think we are missing the point here. There should be stronger police enforcement to support the local businesses & community. A compromise would be ideal. We need to support the local businesses to keep the money in WC and keep an active community.
I've been to Lift and had a respectively good time...not raging like the younger kids. I think those who are loyal to Lift will start their nights earlier. You can't say an earlier time slot will effect citations.
JClark927
1:36 pm on Wednesday, February 8, 2012
Hi folks: Does "...denied that appeal..." in the article mean the council went with the three month long restriction? If "yes", I believe Lift got-off light. I generally share strummer's sentiment: the problem is specific to certain businesses. I do not buy the views that the incidents of crime are some type of logical progression or learning curve; not a police problem; not a general problem. My sense is that there is a fairly identifiable starting point to the uptick in incidents (their numbers and their over-the-line nature). For decades there were bars, restaurants and nightlife in Walnut Creek, consistent with the safe, positive culture of the city. Problems started with specific places -- address those aggressively. My two-cents.
Lance Howland
1:57 pm on Wednesday, February 8, 2012
Responding to JClark's Q. The resolution states that Lift "may file an application, at its own cost, to seek a modification of this Conditional Use Permit with the Community Development Department no sooner than 90 days from the effective date of this Resolution." It would then be up to the Planning Commission to consider whether Lift has met the terms of the permit.
-- Lance Howland, editor, Walnut Creek Patch
Scott F
5:09 pm on Wednesday, February 8, 2012
Is Lift operating on a liquor license that differs from other bars/restaurants? If they have not violated ABC laws by serving drinks to patrons who are clearly inebriated and they are operating within the ABC guidelines then are they responsible for the behavior of their patrons after the patron leaves the bar? You can't legislate and regulate people's stupidity. Why is the city able to regulate the ratio of food/alcohol sales? If they are not properly operating as a restaurant/bar aren't they violating California law? What is a Conditional Use Permit?
obiwan
11:27 pm on Wednesday, February 8, 2012
Scott F - Lift is operating under an ABC Type 47 liquor license, which is issued to "bona fide" eating establishments. A true bar (Dan's) is a Type 48 and has no requirement to serve food.
ABC considers Walnut Creek to be "oversaturated" with alcohol serving establishments (bars, restaurants, all types) and they won't issue a liquor license here at all without the OK from the Chief of Police. The Chief only signs off if the establishment further agrees to the terms of a City-issued Conditional Use Permit.
The CUP is more stringent than the ABC regs. They often include 60/40 or even 70/30 food/alcohol sales ratios, etc. The CUP, is sort of like a contract between the restaurant/bar owner and the City. That's what the owner agreed to - so those are the terms under which they are judged.
Pete Johnson
8:46 pm on Thursday, February 9, 2012
Kudos to the City Council for supporting the staff and police recommendation. Having followed the issue in Patch and elsewhere, I watched the hearing on the city TV. I anticipated a smooth presentation by the attorney for Lift which it was and then got to see Mr Dudhum attempt to use his business and political acumen to sway the council. I actually thought they might pull it off, but fortunately Police Captain Tim Schultz got a turn during the question period to show the problems connected to Lift compared to similar establishments. Council Woman Kristina Lawson nailed it ... "its a bar"... and there are problems. It will be interesting to see how it plays out in the next 90 days.
michael frederick
11:58 pm on Thursday, February 9, 2012
I'm very happy to see staff and Council discern between healthy business promotion and unhealthy. It's also good to see public officials prioritize public decision-making over personal favoritism.