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Planning commission recommends denial of downtown restaurant’s alcohol permit over operator’s prior violations
Summary
The commission voted 7–0 to recommend denial of a conditional use permit and administrative use permit that would have allowed a second alcohol‑serving location for an operator whose current downtown bar is the subject of multiple code and ABC enforcement actions; staff said the restaurant operation (food service only) would remain a permitted use.
The Upland Planning Commission voted unanimously June 17 to recommend denial of a conditional use permit (CUP 25‑0009) and administrative use permit (AUP 26‑0002) for a proposed western‑themed restaurant and sports bar in downtown Upland, citing documented violations at the operator’s existing establishment and unresolved enforcement actions.
Jessica Anaya, the project staffer, summarized the application: a first‑floor restaurant with a Type 47 ABC license for beer, wine and distilled spirits, live entertainment and outdoor dining at 2251 North 2nd Avenue in the historic downtown specific plan area. The proposal included a 96‑square‑foot addition for a walk‑in cooler and requested a 100% parking reduction for the site, which is in a historic building originally constructed in 1901.
Sergeant O’Brien of the Upland Police Department reviewed enforcement history at the applicant’s existing business, 3rd Base Sports Bar, and said multiple operations and inspections since 2018 found overserving, service past agreed CUP hours, a bartender who appeared overly intoxicated, a minor served during an undercover operation, blocked emergency exits and unpaid or unresolved administrative enforcement with ABC. “These things don’t just mount up,” he said, and he recommended denial while noting the city wants businesses to succeed but must prioritize public safety.
Applicant Linda Awad apologized and accepted responsibility for past problems at her other location and said she would not run day‑to‑day operations at the proposed downtown site; she said management would be handled by partner Helen Shelby, and the team pledged thorough employee training, ID checks and other operational controls. Shelby said she has more than two decades of restaurant and hospitality experience and described training and management systems she planned to implement.
Commissioners questioned timing of the application (submitted in November 2025) relative to the enforcement operations and ABC’s May 8 notice of proposed discipline (a possible 15‑day suspension or a fine). Staff confirmed the application was deemed complete and that state permit‑streamlining timelines require a decision within 60 days of completeness. City attorneys and staff said facts related to the operator’s existing business may be considered where there is a reasonable nexus to the proposed use.
After extended Q&A and deliberation on the nexus between the operator’s past record and the public‑safety findings required for a CUP, Commissioner Johnson moved to adopt the resolution denying CUP 25‑0009 and AUP 26‑0002; the motion carried 7–0. Staff clarified the denial applied to the alcohol service/live music elements while the restaurant use alone is a permitted use that could be pursued without the alcohol/live entertainment approvals. The commission’s decision is final with an appeal window to the City Council that runs June 18–June 29, 2026.
The police department said ABC proceedings at the operator’s other location remained pending; ABC had indicated a potential 15‑day suspension or fines “roughly between $3,500 to $4,000” depending on sales, according to police testimony.
Copies of the staff report and conditions of approval will remain part of the public record and any future applications must address the findings identified by staff and the police department.
