City of Visalia
Public Hearing
City Council Meeting
October 21, 2024
City Council Public Hearing
October 21, 2024
Summary
• Planning Commission held public hearing to
consider revocation of CUP 2011-18.
• Revocation is in response to violations of
terms & conditions when live entertainment
activities occur.
• Only related to live entertainment; restaurant
use continues to be permitted to operate.
• Commission approved revocation.
• Applicant filed an appeal.
City Council Public Hearing
October 21, 2024
Recommendation
• After receiving staff’s presentation, and
taking public comment, staff
recommends:
– Deny the appeal and uphold the Planning
Commission’s revocation of CUP No. 2011-
18. • In lieu of staff’s recommendation,
alternatives are noted in the staff report.
City Council Public Hearing
October 21, 2024
Background
• CUP No. 2011-18 approved on 09/12/2011.
• Live entertainment provided 4 nights per week
from 9 pm to 1 am.
• Several conditions adopted for live
entertainment to address operations, crowd
control, & security measures.
• Conditions adopted to ensure a safe
environment provided during live entertainment
for patrons & downtown area.
City Council Public Hearing
October 21, 2024
Background
• On March 25, 2021 a declaration of
public nuisance issued against the
business.
• Issued due to excessive police calls to
property.
• Property owner met w/ business owner
advising them of the issues.
• Continued monitoring the business.
City Council Public Hearing
October 21, 2024
Suspension of CUP
• In 2023 & 2024 calls for service (CFS) begin
to increase.
• Review of calls conducted & incidents
occurring.
• CUP Suspension letter issued to cease live
entertainment.
City Council Public Hearing
October 21, 2024
Consideration for Revocation
• Staff moved to set a hearing to have the CUP
revoked.
• Re-review of all CFS.
• When did the calls occur (during or after
entertainment hours).
• Remaining calls were for calls generated by
citizens nearby or initiated by VPD in
response to issues at this location.
City Council Public Hearing
October 21, 2024
Consideration for Revocation
• Also considered how CFS were generated
and noted calls for assistance from
employees should not be considered.
City Council Public Hearing
October 21, 2024
Planning Commission Hearing
During Hearing, staff provided the following:
• Need for police presence at the business has
escalated.
• Contributed to the lack of proper management
when live entertainment activities were
occurring
• Police officers observed staff not implementing
security measures as conditioned.
• Large groups of people congregating in front of
business on multiple occasions.
City Council Public Hearing
October 21, 2024
Planning Commission Hearing
• Security staff informed allowing people to
congregate in front of business is a violation
of CUP conditions.
• Issue occurred again during a homicide
investigation.
• Investigation found victim was part of large
group of people allowed to congregate in
front of the business.
• In addition, live entertainment activities were
occurring beyond 1:00 am.
City Council Public Hearing
October 21, 2024
Planning Commission Cont.
• Public comment received from an individual
in support of revocation.
• Applicant gave public testimony in opposition
to information presented. Owner contends:
– Calls for service not accurate.
– Crowd control on public streets difficult to
enforce.
– Informed that business was “doing a good job”.
– Requested Commission to allow live
entertainment w/ changes.
City Council Public Hearing
October 21, 2024
Appeal
• Appeal filed Sept. 26, 2024 by business
owner Duane Rodriguez.
• Appeal states:
– CFS numbers reported are “inflated”.
– Code Enforcement not responded to
request to address illegal food vendors.
• Additional video information also
provided by owner.
City Council Public Hearing
October 21, 2024
Response to Appeal
• Revocation process is not taken lightly by
staff.
• In response to accusation of inflated
numbers, staff’s review focused on which
calls were counted.
• Calls generated by employees not counted &
removed from count.
• Updated calls for service provided on Table
1-2.
City Council Public Hearing
October 21, 2024
Response to Appeal
City Council Public Hearing
October 21, 2024
Response to Appeal
• CFS provided in both tables demonstrate
need for police presence.
• Attachment 7 confirms CFS are consistent &
reflect need for police assistance.
• Issues occurring during CFS include:
• Fighting • Homicide
• Verbal Disturbance • Retaliation concerns due
to homicide
• Intoxicated Persons
City Council Public Hearing
October 21, 2024
Response to Appeal
• In response to complaints received
regarding late night vendors.
• Code Enforcement provided late night
detail.
• Five details done covering Jan., Feb.,
May, & Aug.
• Details were done from 9 pm to 12
am.
City Council Public Hearing
October 21, 2024
Review of other Live Entertainment CUPs
City Council Public Hearing
October 21, 2024
Revocation of CUP
• Based on this review, clearly apparent during
live entertainment police assistance is
needed more frequently.
• Creates an undue burden for law
enforcement.
• Could be attributed to owner/operator failing
to ensure proper protocols are met to help
control and manage patrons in a safe manner
when live entertainment is provided.
City Council Public Hearing
October 21, 2024
Revocation of CUP
• Live entertainment is an ancillary use (not
the primary use).
• Downtown Rookies Sports Bar & Grill is
required to be a bona fide restaurant.
• Revocation of live entertainment has no
bearing on keeping the restaurant from
operating.
• Based on the analysis, CUP should be
revoked & appeal should be denied.
City Council Public Hearing
October 21, 2024
Recommendation
• After receiving staff’s presentation,
and taking public comment, staff
recommends:
–Deny the appeal and uphold the
Planning Commission’s revocation of
CUP 2011-18.
City Council Public Hearing
October 21, 2024
Questions