Raising the bar – or better yet, razing it

The City has finally taken some action against one of the downtown’s problem bars.  Thursday evening the Planning Commission at least partially supported the Police Department recommendation and voted to roll back the alcohol service hours for the Lift Lounge and Grill from 12:30 am to 11:30 pm.  City staff cited 80 police incidents that have occurred at Lift since December 2009.  The roll back that Staff proposed would have been for 1 year, but the Commission shortened that to only 3 months, after which Lift can apply to have their original hours restored. Commission Chair David Powell even wanted to give Lift another chance without any roll back.  (He’s a big softy. I’ll have to remember him if I ever need to borrow money.) 

But before any action is taken there will probably be an appeal of the decision to the City Council, which will further drag out a process that has already gone on too long.  It was way back in July when a for selling narcotics.  I would argue that the place should have been shut down then and there.

But a shut down or a roll back of hours may never happen.  Even before the appeal reaches the Council, I can anticipate the justifications the Council members will come up with for not clamping down on the Lift.  There will be excuses offered for each of the police incidents...  The bouncer may not have been selling drugs inside Lift, just elsewhere.  The bartender who served a minor in a sting operation made a “math error” when figuring out when 21 years ago was.   The citations for overcrowding were due to a misunderstanding of what the fire department sign on the wall meant.  Those problem patrons may have already been drunk before they entered Lift. 

Now that Lift has hired consultant will no doubt be assured that everything has been taken care of.  Cindy Silva will again argue, as she did in the case of 1515, that there aren’t any “quantifiable objectives” upon which an action can be taken.  (That’s because the Council hasn’t set any quantifiable objectives.)  Someone will note that a comprehensive alcohol service policy, which has been in the works for almost two and a half years, will be presented to the Council any day now, so maybe they shouldn’t be taking one-off actions.

The problem with the downtown bar scene is the Council itself.  Walnut Creek is oversaturated with bars.  In fact, no new true bars (ABA License 48) have been opened downtown in years.  But the City gives out “restaurant” permits like candy, and then looks the other way when the “restaurant” operates like a bar after hours. 

This was the situation with Lift.  Lift’s supporters at the Planning Commission hearing argued that stopping alcohol service at 11:30 pm will put the “restaurant” out of business.  Lift offered a new business plan for retaining their later hours.  The plan included having staff members called “hosts” (bouncers) on site after 9:00 pm.  Do you really need to have a bouncer on hand in case the hamburger is too cold or the soup is too hot?  And if a “restaurant” can’t turn a profit without late night (early morning) alcohol sales, could the problem possibly be that the food sucks?

I’m sorry if the Planning Commission’s decision (assuming it is ever enforced) might put the Lift Lounge out of business.  But the business is supposed to be a restaurant, not a bar, and the City needs to start recognizing that distinction.