Lift Lounge Appeals City Time Restrictions

The Lift Lounge & Grill has filed an appeal of proposed city changes to its use permit, including an earlier closing time.

Moving closing time from 12:30 a.m. to 11:30 p.m. would be a burden to the Locust Street lounge in the competitive restaurant business in Walnut Creek, argues lawyer David J. Bowie in a letter to the city filed on behalf of Lift. He estimates about 70 percent of Lift's business occurs during late night hours, including 11:30 to 12:30.

"The cutback proposed by the Planning and Police Departments would likely spell the end of the Lift business — something which is fundamentally bad for the city of Walnut Creek," writes Bowie.

The resolution restricting Lift Lounge passed by a 4-2 vote with commissioners Allan Moore and David Powell voting no.
The city's staff report cited "repeated violations" of conditions of the permit, including

• the sale and consumption of beverages beyond 12:30 a.m.
• the failure to operate as a "bona fide eating place."
• repeated police service calls including off-site consumption of alcohol and assaults, and the July 16, 2011 arrest of a Lift Lounge bouncer for the sale of a controlled substance.

The evidence for a city staff report pointing out alleged violations of Lift Lounge's conditional use permit is actually "thin," the Lift letter states.

Lift Lounge has responded to city complaints with changes. "The adoption of a revised business plan and its implementation by consultants are matters indicative of a responsible approach to business operation in the context of the Walnut Creek downtown," writes Bowie.

The appeal goes next to a hearing before the City Council.