CITY CRACKS DOWN ON ALUM ROCK CAFES

The following letter was sent as a follow up to the recent Alum Rock Neighborhood Coalition meeting in which several neighbors urged city planning and code enforcement officials to take
a harder look at the cafes. The specific complaint neighbors made is that the cafes applied to be restaurants, but are not operating as such.


Miss Cafe/2880 Alum Rock Avenue

Code Enforcement issued a compliance order to the property owner and business owner requiring that entertainment activities cease until such time as the business can demonstarte that the business is operating as a "bona fide eating establishment" as defined by the Zoning Ordinance. In addition, the property owner and business owner were ordered to remove the outdoor seating located to the rear of the building that was added without Planning approval. Finally, the business owner has been issued administrative citations for allowing smoking to occur inside the business.

Please be advised that I personally accompanied staff during inspections conducted on Monday, March 10th and Wednesday, March 12th. The Miss Cafe has created a menu that now offers a variety of menu choices for customers. You may recall the original menu appeared to serve only appetizers. In addition, I inspected the kitchen area and observed silverware and plates/cups necessary for a restaurant use. Finally, I observed the kitchen refrigerators and observed food items necessary for preparing food when ordered. During my inspection yesterday, at noon, I did not observe any of the customers eating food, of the approximate 20 customers in the Cafe'. In addition, I observed several tables and chairs to the rear of the building for smoking customers. I was accmpanied on the inspection with Principal Planner Jeannie Hamilton as I was interested in her viewpoint as to whether the business was operating as a restaurant as described by the Zoning Ordinance.

I am not convinced, at this point, that the Miss Cafe' is operating as a restaurant as described in the Zoning Ordinance, though I believe that the Cafe' is moving towards compliance with there efforts to date. I admonished the business owner on allowing outdoor seating and ordered that the outdoor seating cease immediately, pending subsequent Planning review and approval. I advised the business owner that entertainment may not be reinstated until Code Enforcement is convinced that the use is that of a restaurant and not a "coffee shop".

Thien Y Restaurant/3116 Alum Rock Avenue

Code Enforcement staff has been monitoring the business since the original complaint was received, and on March 3rd obtained enough preliminary evidence to begin enforcement proceedings. Additional evidence was obtained yesterday, March 13th, to support Code Enforcement's position that this business is not operating as a bona fide public eating establishment.

Code Enforcement has issued a compliance order advising the property owner and business owner of the following violations: entertainment, specifically karaoke, must cease at 10:00 p.m. and for failing to obtain building permits for the mounted television monitors that exceed 50 pounds as previously instructed. The compliance order will provide the property owner and business owners notice of violations and corrective action required as follows :

1. Obtain a building permit or remove the mounted television monitors that exceed the 50 pound limitation no later than Thursday, March 27, 2008;
2. Cease any live entertainment, specifically the karaoke entertainment, after 10:00 p.m., no later than 10:00 p.m. on Thursday, March 20, 2008.

Thus far, Code Enforcement has issued the business owner a $250.00 administrative citation for failing to obtain a sign permit.

Please let me know if additional information is desired. Please share this e-mail with community/neighborhood members.

Cordially,

Michael Hannon
Code Enforcement Official
Planning, Building and Code Enforcement Department
City of San Jose