Walnut Creek Council upholds revocation of alcohol permit at downtown restaurant after repeated violations

The Walnut Creek City Council voted unanimously Dec. 17 to deny an appeal and affirm the Planning Commission's Nov. 14 decision to revoke the administrative use permit (AUP) for alcohol sales at Dia Enoche, a downtown restaurant at 1411 Locust Street.

The council's action follows a staff review and Police Department records showing repeated city-code and state-law breaches tied to the establishment. Assistant City Attorney Kimia Mahalati told the council that police records from December 2023 through late 2024 showed 59 calls for service tied to the address and 23 AUP violations documented in 16 police reports. Of those 23, 14 were alcohol-related violations, including three instances when officers observed alcohol being served past 2 a.m., a violation of California law, and multiple incidents of excessive noise and public intoxication.

"The number and frequency of violations after the city's first notice demonstrate a clear pattern that the operation was not meeting its conditions of approval," Mahalati said during the hearing. Police also reported three incidents in which the establishment's owner displayed signs of intoxication; one led to an arrest on Sept. 6, 2024.

Captain Ryan Hibbs of the Walnut Creek Police Department said the department reported every documented violation to the Department of Alcoholic Beverage Control and has an open ABC investigation. "We've worked with ABC closely. Every one of the violations that you've been made aware of tonight has been reported to ABC," Hibbs said.

City staff gave the owner multiple formal notices of violation (first notice on June 26, 2024; a second notice and hearing notice on Oct. 30, 2024). Staff said the owner's subsequent communications did not include remedial plans or operational changes to show intent to comply with the AUP conditions.

Cathy Hemmenway, executive director of Walnut Creek Downtown, urged the council to uphold the revocation, saying downtown businesses repeatedly raised concerns about safety and disruption tied to the location. "While we are pro-business, the safety of the public and downtown employees is paramount," Hemmenway said.

The council's resolution denies the appeal and makes the revocation effective immediately. That means any future operator of the location would need to apply for a new AUP (or a conditional use permit if seeking hours later than 11 p.m.). City staff noted the municipal permitting process remains available to any prospective tenant, and the city will evaluate applicants and impose conditions as appropriate.

The council emphasized the distinction between supporting local businesses and enforcing public-safety-oriented operating conditions. Several council members said the decision was prompted by the volume and closeness in time of violations and the lack of corrective action by the operator.

Votes at a glance

- Motion: Deny appeal and affirm Planning Commission revocation of AUP for sale, service and consumption of alcoholic beverages at 1411 Locust Street (Dia Enoche). - Mover/Second: Mayor Darling / Council member Francois (motions recorded during roll call sequence). - Vote: unanimous (Mayor Darling, Mayor Pro Tem Wilk, Council members DeVinny, Francois, Silva: Aye).

Authorities

- Department of Alcoholic Beverage Control (ABC) investigation referenced by staff and police in support of revocation (referenced by Planning Commission hearing and council packet). - Walnut Creek Municipal Code conditions of approval for administrative use permits (AUPs) (referenced in staff report and notices of violation).

Speakers

- Kimia Mahalati, Assistant City Attorney (first referenced 01:22:34) - provided the staff presentation and legal background on the appeal and AUP conditions. - Captain Ryan Hibbs, Walnut Creek Police Department (first referenced 01:30:44) - presented police call data and enforcement actions. - Chief Jamie Knox, Walnut Creek Police Department (first referenced 01:30:44) - answered council questions about arrests and enforcement. - Cathy Hemmenway, Executive Director, Walnut Creek Downtown (first referenced 01:30:44) - provided public comment supporting revocation.

Provenance

- topicintro: transcript excerpt at 01:22:34: "Hello again. I just couldn't stay away. So, again, my name is Kimia Mahalati. I am the assistant city attorney for the city of Walnut Creek. And, I will be presenting the this item tonight." (supports legal/venue background) - topfinish: transcript excerpt at 01:56:01: "Council member Francois. Aye. Council member Silva. Yes. Motion carries unanimously." (supports final vote and outcome)

Searchable tags:["public_safety","downtown","alcohol_permit","police","ABC","locust_street"]