West Hartford Seeks Injunction Against Restaurant

WEST HARTFORD, CT — The town is seeking an injunction against Los Imperios Restaurant and Lounge, located at 904 Farmington Avenue, claiming it has repeatedly violated local zoning laws and liquor regulations and is responsible for numerous disturbance complaints by neighbors, officials announced in a press release on Wednesday.

The town will present evidence at a hearing on Aug. 16 at Superior Court in Hartford regarding the injunction it filed on May 24.

Injunctive relief is generally considered a legal remedy of last resort because all other options have failed to deter the unacceptable business practices, according to officials.

“For more than one year, the town administration has been in communication with the manager, Mr. Ernesto Leon, and the landlord, Mr. O. C. Shah to gain compliance that the business operate as a restaurant and not as a nightclub,” said Mark McGovern, director of Community Services, the department that oversees zoning regulations.

Officials cited Town Ordinance section 177-2, which prohibits restaurants from bottle service, age restrictions, and cover charges.

The town alleges that these types of activities are ongoing and also a contributing factor to the large number of complaints received by neighbors.

“The only means to gain compliance that we have is to issue a citation,” McGovern said in the press release. “We are further limited by the amount of the fine.

“With the injunction, we are asking the court to allow us to raise the fine from $150 to $2,500 with hopes that the heftier fine will spur compliance.”

To date, the zoning office has issued 29 citations totaling $4,350.

“Problems with Los Imperios began shortly after they obtained their temporary liquor license in November of 2014,” Police Chief Tracey Gove said. “The West Hartford Police Department began receiving complaints from the neighborhood immediately. The first disturbance came on December 6, 2014 about excessive noise coming from the club.”

Assistant Chief Robert McCue said the department has received more than 20 complaints of disturbances related to Los Imperios in the last two months alone.

Since the restaurant’s opening, the West Hartford Police Department has arrested eight drivers for DUI who stated they were coming from Los Imperios, made seven arrests for fights and disturbances, and ticketed several others for minor infractions, according to the press release.

The department has also made repeated referrals to the state Liquor Commission for a variety of violations such as serving an underage patron, drinking at the establishment after hours, conducting drink promotions and having age restrictions.

“The police department’s Special Investigations Division has had numerous conversations with Mr. Leon about the violations, the neighborhood complaints, and our concerns, but those have repeatedly fallen on deaf ears as the issues remain unabated,” Gove said.

Police officers are routinely assigned to monitor the crowds and address noise and disturbance issues on Thursday, Friday and Saturday nights.

“There has been two times in the last month where every available police cruiser was sent into the area to keep the crowds orderly,” Gove said. “This led to no police coverage in town for about 20-to-30 minutes.”

McGovern said officials “want the residents of West Hartford to know that we understand their frustrations and we are taking the necessary steps to improve the situation.”

On Aug. 16, Kimberly Boneham, Deputy Corporation Counsel, will speak at the hearing and present the evidence.

Gove also asks residents to call the police department immediately at 860-523-5203 if they see a problem so that police officers can prevent it from escalating and can document the issue coming from the club.

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