City Prosecutes Santa Monica Restaurant for Operating More Like a Bar

From the city of Santa Monica:

The Santa Monica City Attorney’s office successfully concluded the prosecution of the local restaurant Brick + Mortar Restaurant on Main Street.

Brick + Mortar had been charged with persistently exceeding permit restrictions by operating as an unpermitted bar/nightclub with alcohol service to persons who did not intend to purchase food, refusing to comply with city administrative citations and maintaining a public nuisance.

Prior to referring the case to the City Attorney’s office, Santa Monica police and code enforcement officers attempted to work with the restaurant’s operator for many months, issuing warnings and then later, citations with fines.

However, these efforts were unavailing and neighbors continued to be negatively impacted by intoxicated persons leaving the establishment at late-night hours. As a result, the City Attorney’s Office commenced prosecution.

On Sept. 4, Brick + Mortar pleaded “no contest” to 14 misdemeanor counts of violating the restaurant’s permit conditions, failing to comply with city administrative citations and maintaining a public nuisance. Under a plea agreement with the city attorney’s office, Brick + Mortar was placed on 30 months of probation and ordered to:

• Not organize or participate in pub-crawl events
• Not provide alcohol bottle service without meals
• Allow persons of all ages to enter at all times
• Not check IDs or queue patrons at the door
• Operate consistent with a city-approved floor plan that’s conducive to a restaurant experience
• Post signage informing patrons that the restaurant may only serve alcohol to patrons intending to also purchase food
• Pay over $6,700 in restitution to the city to cover city investigative costs
• Pay thousands more in court fines and fees
• Comply with all other applicable laws and permit conditions

“This is a positive and fair result,” said Santa Monica police Capt. Daniel Salerno, in charge of the Department’s Vice Unit. “All businesses, including restaurants, must operate within their permit conditions. Under the city’s laws, restaurants cannot become bars/nightclubs without first getting proper city review and permits.

“Restaurants that operate as bars/nightclubs, without proper review and permits, can create many public safety problems for the residents and the police department,” he added. “Noise and the behavior of intoxicated persons, especially during late-night hours, significantly disrupt neighborhoods.

Salerno said Brick + Mortar has now committed to changing its operations to comply with local laws.

“ We are very happy about this commitment and we look forward to working with Brick + Mortar, and any other business that needs our assistance, to ensure that they can operate successfully in Santa Monica and within the bounds of the law,” Salerno said.

PHOTO Brick + Mortar. Patch file photo.