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Council upholds planning commission revocation of Dia y Noche's alcohol-use permit after police document repeated violations
Summary
Following a staff and police presentation of repeated nuisance and alcohol-related violations at 1411 Locust St., the council denied an appeal and affirmed the Planning Commission's revocation of the establishment's administrative use permit for alcohol sales and consumption.
The City Council unanimously denied an appeal and affirmed the Planning Commission's Nov. 14 revocation of the administrative use permit (AUP) that allowed alcohol sales and consumption at Dia y Noche, 1411 Locust St.
Staff case and police evidence: City staff and police presented a timeline and police reports documenting 59 calls for service at the location since December 2023 and 23 documented violations of AUP conditions. Staff reported 14 observed instances of alcohol being sold, served or consumed after the AUP's 11 p.m. cutoff; three of those incidents included alcohol served after 2 a.m., which is a violation of state law. Police also reported five excessive-noise incidents and four public-intoxication incidents; three of the intoxication incidents involved behavior by the business owner, and the owner was arrested for public intoxication on Sept. 6.
Notices and process: Staff issued a first notice of violation on June 26, 2024; police documented 16 additional AUP violations after that notice. A second notice (and public-hearing notice) was issued Oct. 30. The Planning Commission held a hearing Nov. 14 and revoked the AUP; the business owner filed a timely appeal on Nov. 26. Staff also received counsel for the property owner's notice that the tenant had been evicted Oct. 30 for nonpayment of rent.
Council action and rationale: Staff recommended denying the appeal and adopting findings that the use had been operated in violation of the AUP (condition 3: no alcohol after 11 p.m.; condition 7: no use that constitutes a nuisance) and that the use was conducted in a manner contrary to public health, safety and welfare. Police also reported they had notified the California Department of Alcoholic Beverage Control (ABC); ABC has an open investigation. The council voted unanimously to deny the appeal and affirm the AUP revocation, which removes the property's existing entitlement for alcohol service; any future operator who seeks alcohol sales at that location must apply for an AUP or other appropriate entitlement.
