Hospitality Group Questions 'Overbroad' Liquor Law

A representative of downtown Walnut Creek bars and restaurants finds the city's proposed "deemed approved" ordinance for regulating alcohol-serving establishments "vague, ambiguous and overbroad in its application."

A memo came from Hayward lawyer Guy Louie after several meetings with the Walnut Creek Hospitality Group.

is due to go to and, if approved, to the City Council. Lamorindans in the restaurant and hospitality industry -- or who do their dining and drinking in Walnut Creek -- have been watching the law's progress as it makes its way from agency to agency.

The current rules have been there for a 20-year successful run at by her family, said Manager Melisa Barrett, as quoted in the hospitality group's memo issued from Louie's office. Barrett is "perplexed by the planning commission's decision to intervene at this time and is unsure about their real political or personal motivations."

Patsy Wilkinson, owner of , also questions city officials' motivations. "She understands that Walnut Creek is becoming more of a destination spot for people to frequent, and she has continued to be vigilant in observing all laws and providing a safe environment for her patrons as she has done since day one," the Louie statement reads. "If the city feels like they are having difficulty providing adequate police protection with the current amount of businesses, why are they permitting more establishments to open?"

The city is aiming for consistent standards and enforcement. A city staff report for the Planning Commission states: "The nuisance-based performance standards that would apply to all alcoholic beverage establishments, including legal nonconforming, or grandfathered, establishments and new establishments, would give the City a tool that could be used to correct public nuisances associated with establishments that do not operate responsibly or in compliance with state or local law. Grandfathered establishments that operate lawfully and responsibly would not become the focus of a deemed approved enforcement action."

City leaders have talked about a nuisance-based law in the context of concern about a series of brawls rolling out of downtown bars around closing time on weekends. In February, using the existing conditional use permit process, , including scaling its alcohol service time from 12:30 a.m. to 11:30 p.m.

The hospitality group believes it can work with the Planning Commission to draft a "mutually beneficial plan that will serve the citizens and businesses of Walnut Creek," Louie's March 29 memo states.

Also, the group believes the government should not impose unreasonable performance standards on businesses that "will increase prices to the consumer and will cost a loss of jobs and revenue" at an acute time for businesses.

Louie's memo goes on to state: "WCHG has been diligently working with the Walnut Creek Police to monitor and enforce existing rules and regulations. WCHG believes that they are already the most regulated business in Walnut Creek and that implementation of this proposed ordinance is a misguided solution to a few isolated incidents. WCHG fully support the Walnut Creek Police Department in their efforts for  additional  new officers they have requested. The City needs more police officers due to the growth of the overall downtown district and population of Walnut Creek."