Azusa Takes Unusual Steps to Shut Down Two Taverns
AZUSA — City officials, who say they are unable to control drug trafficking and other illegal activity at two bars, have taken the unusual step of asking a judge to close the taverns.
In the interim, the city has persuaded a Pomona Superior Court judge to grant a temporary restraining order requiring the owners and tenants who operate La Villa Bar and JJ’s Cocktail Lounge to take steps to prevent drug activity at the establishments. The landlords and tenants were also ordered to clean up inside the bars and the property outside.
Attorneys for the owners said that their clients had no knowledge about any illegal activity but that they will work with the city to remedy any problems. The operators of JJ’s, Reynaldo and Victoria Virvia, could not be reached for comment. Manuel Vargas, who runs La Villa with Jose L. Gonzalez, declined comment.
Scores of Complaints
The bars, located in the 500-block of Azusa Avenue downtown, have prompted scores of complaints from residents, city officials said.
“Just about any and all types of criminal activity have taken place there,†said police Lt. Jim Skogh .
The city’s complaint alleged that last year police arrested 65 patrons at JJ’s, 23 for either being under the influence of, having possession of or having possession for sale of cocaine and heroin. The other 42 arrests involved assaults, battery, possession of stolen property, public intoxication and serving alcohol to minors.
At La Villa in 1988, police reported 20 arrests of patrons for being under the influence of, having possession of or having possession for sale of cocaine and heroin. During that time, police made 24 other arrests at the bar for incidents involving gunfire, battery, illegal possession of weapons, possession of stolen property, public intoxication and serving alcohol to minors.
Police Chief Lloyd J. Wood said that neither the owners nor operators have been charged with a criminal offense in relation to any of the illegal activities in the bar.
In seeking the closures, the city is using an innovative approach that relies on part of the state Health and Safety Code. Under the code, municipalities can “permanently abate†properties that present a public nuisance arising from continued drug sales.
In its complaint, the city has requested that the taverns be closed for one year, that the court be given control of the disposition of the property during that time, that the bars’ furnishings be auctioned and that the proceeds be used to reimburse the city for legal and other costs. The city has also requested a $25,000 fine be levied against each landlord.
On March 8 the city will ask Pomona Superior Court Judge Thomas F. Nuss to prevent the taverns from selling alcohol until the case is tried, said City Atty. Peter M. Thorson.
‘Main Objective’
Thorson said the city ultimately wants no bars to be housed at either of the properties, even if the landlords follow through on promises of evicting the current tenants.
“Our main objective is to prevent alcohol being served there and to end the narcotics activities,†Thorson said. “If (the lessees) are out, we have no objection to the premises being used for legitimate commercial or retail activities.â€
According to the city’s complaint, the property where JJ’s is located is owned by physician James Joseph Femino, who has held title since 1982. A businessman, Mark Chapin Johnson, has owned the La Villa property since October, 1987, the complaint said. Neither could be reached for comment.
Attorney Robert L. Bacon, who represents Femino, said the lease with the bar’s operator expires on Tuesday and will not be renewed. David R. Nissen, who represents Johnson, said the tenants have been notified that they must immediately comply with the court’s order or face eviction.
Both attorneys criticized the city for not informing them of the problems before the complaint was filed.
“This is an incredible case of what I feel is outrageous conduct by the city of Azusa,†said Bacon, a West Covina city councilman. “How can they punish the owners of the property when they’ve never given the owner . . . an opportunity to correct the situation?â€
Nissen said the lawful operation of the establishment is the tenant’s responsibility.
Expedient Method
“Our client desires his property to be used in a lawful manner and not to be a problem for the city,†he said. “He’s taking all steps appropriate under the law to see that all activity the city has alleged to have taken place there is stopped immediately.
“But . . . a simple phone call would have taken care of it without a lawsuit.â€
Thorson said the city believed it was more expedient to go to court because the majority of landlords would have been unresponsive to the city’s requests.
“Normally a phone call doesn’t do it,†he said. “If a phone call would have worked here, great. But 999 times out of 1,000 it wouldn’t.â€
As to the assertion that the tenants, not landlords, were responsible for the conditions, Thorson said the law holds the property owner liable.
“It’s unfortunate that the innocent landowner suffers,†he said. “But they are the people who are ultimately in control of the property, and they’re the ones the court says are responsible.â€
Azusa officials said the civil approach has been used successfully in Los Angeles and San Diego and that they learned of the procedure through discussions with attorneys from those cities.
“The cop on the beat can only do so much,†Lt. Skogh said. “Basic crime fighting doesn’t always work, so it’s nice to have this civil remedy to fall back on.â€
“Over the years it’s been like putting your finger in a dam or stomping on a brush fire,†Skogh said.
The suit included affidavits from 25 police officers, four residents and six owners of neighboring businesses who complained of illegal activities and the effects of the bars on the community.
The complaint also notes that in November, a group of Azusa residents presented the City Council with 170 signatures from residents complaining about the “deplorable†situation at the bars, citing broken bottles, trash and drunks.
In the restraining order issued by Nuss on Feb. 16, the landlords and tenants were ordered to report to police any illegal activity at the establishments, something police say the operators have not done in the past.
In one incident, Skogh said, the police were notified by emergency-room staff of a stabbing at one of the bars after the victim sought treatment. “By the time our officers got there, the blood had been cleaned up,†he said.
Other provisions of Nuss’ temporary restraining order include installing outdoor lighting, hiring security guards, cleaning up the area around the bars, refusing to serve patrons who appear to be drunk and adhering to state Alcoholic Beverage Control Department regulations.
The order also states that signs be posted at the front and rear of the bars indicating in English and Spanish that anyone in violation of the order could face civil or criminal prosecution.
Skogh said the landlords have cooperated thus far with the city, but that not all the provisions of the judge’s order have been met.
As of late last week, the bars had yet to provide security guards or signs that followed the exact wording and specifications outlined by the court, he said.
Chief Wood said he anticipates that similar actions may become necessary as the city tries to combat narcotics problems at bars.
Wood, who in January was named president of the Los Angeles County Police Chiefs Assn., predicted that other small cities would follow Azusa’s lead, because the procedure “offers the only permanent solution to this kind of problem.â€
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