Walnut Creek Orders Spoontonic Lounge to Close at Midnight

Last week, the Walnut Creek Planning Commission voted to stop alcohol sales at Spoontonic Lounge at midnight. This was in response to continued police response to the business.

The bar, which is accessed on SOS Drive, is open 7-days a week until 2:00 am will now have to stop serving alcohol two-hours before close.  Its occupancy is just 90-people, however Walnut Creek Police have a high level of calls for service since 2021.

At its August 24 meeting, the Planning Commission adjusted the CUP after it deemed the business did not meet its performance standards and was impacting the community.  Staff said a business only needs to be in violation of its CUP only 1 time to take action, but staff said there were as many as 5 violations:

1. High number of police incidents associated with Spoontonic
2. Failure to control patrons and prevent disturbances
3. Increased impact on neighboring land use
4. In violation of Deemed Approved performance standards in the municipal code
5. Serious criminal incidents degrade economic vitality of neighborhood
6. High number of alcohol-related incidents is endangering others in the area.

The staff recommendation was to modify Spoontonic’s Lounge CUP to limit hours of operation to 11:00 pm, 7-days a week and impose other necessary and appropriate conditions on the operation of business.

Michael Biggs, an attorney representing Ajit Ahluwalia, the owner of Spoontonic Lounge, was given 15-minutes to present highlighted they had a 2.5 hour meeting with Walnut Creek Police which he says they brought everyone together to and come up with some places.

“The place was running fine up until 2020 for 20-years,” said Biggs. “The police officer gave you graphs that shows crime is going down like a rock. Look in the last 8-months. 7 incidents down and take the 69 incidents and average that over 3-years, that is 2 calls a month.”

He said he didn’t want to split hairs but there was a problem no one wanted to talk about.

“You have the wrong crowd in there because they are playing music and things are going on that are attacking a criminal element and that is going to stop,” stated Biggs who noted different music and no more DJ or “gangster rap” who said they are going to fix it.

He suggest they could “make due” with a 3-person security detail and make other improvements to get on common ground with the city. He also called the patrons coming into Spoontonic coming in and causing trouble as being “ugly and mean” and that the owners want them gone while stating Contra Costa County’s gang problem is equivalent to a “third world level.”

He also said limiting the hours of operation to 11:00 pm was a problem because 70% of their revenue comes after 11:00 pm. He said they just wanted to solve the problem and not fight with the city.

Dani St. Pierre, lead bartender and employee since 2014 stating it wasn’t until reopening after the pandemic did they see a change in their patrons and the behavior. She said taking away those additional hours would take away approximately 65% of their revenue which is estimated at over $500k per year and no business could sustain that cost while having made changes recommended by the Walnut Creek Police Department.

Jaz Walia, Spoontonic’s manager and co-owner, called it “smooth sailing” until the pandemic happened and everything shifted, including clientele who he says is now a younger crowd.

“They don’t know how to behave,” said Walia who noted they have made changes from now doing a $10 cover charge, added a five-member security team, parking lot sweeps. “There is only so much we can do and I think we are doing good. Whatever is in the report, I think it’s a little fabricated and statistics wise, Retro Junkie has way more calls than we do, but we are being penalized for it because we need assistance from Walnut Creek Police.”

Biggs again highlighted they are addressing the issues and its not like the owners were sticking their heads in the sand and they cant change the social problems everyone is dealing with—noting anyone can be a crime victim walking to their cars.

“Crime is everywhere and we all have to work together,” said Biggs and took action last week to disband the former music they were playing while trying different things, including country western music. “They are moving in good faith, but if you shut them down after 11:00 pm, their goes their jobs and the income goes.”

Commissioner Bob Pickett says he only heard three actions being taken by Spoontonic which was eliminate the DJ, no dancing, change the type of music. Pickett asked if they selected music that was not “criminal inducing”

Biggs called it a touchy suspect, there is some music in the entertainment industry which caters to “prison culture” and “gangster culture” and others would tell you the same thing with too much of that going on at Spoontonic and they changed that to get a different group of young people who are “not doing criminal stuff like you guys are reading about.”

Walia said he was planning to do away with the DJ and go with a Jukebox or make Spoontonics a Karaoke bar.

Commissioner Brandt Andersson asked when they moved to a five-person security team. Walia said it occurred months ago—started hiring new staff and increase prices on Hennessy which he says lately not many people were drinking it.

After public comments, Pickett highlighted there seems to be a strong support that the problem was the music, why asked why he didn’t do something a year or two ago?

“I did tell the DJ’s to stop playing that kind of music and he did kind of implement it, but he did want the crowd to start dancing and that kind of stuff. Now, I am done with the DJ and not having him. I will get a jukebox and they will do there own thing” stated Walia.

Pickett asked when he did away with a DJ in which Walia responded “from now on”.

Biggs added that the opinion on “music” was subjective but his experience over 20-years shows him people don’t understand the “gangster lifestyle” and understand the lure of music—many people don’t know about the element of criminology and now Spoontonics is acting on it because it’s a matter of public concern.

Commissioner Ken Strongman asked if they did a probation period how could they structure it.

Walnut Creek attorney responded the commission could defer its decision to see what happens between tonight and a future date and enter that evidence into the hearing. He urged them not to characterize them as a “probation period” based on a due process action. He urged them if they did take action to defer a decision. Another option could take is to change the hours for a period of time, but automatic and would change in “x” days. The business could come back and apply for longer hours based on what has occurred between today and a future date.

Commissioner Peter Lezak said he believed there should be consequences citing Crogans closed after determining a security and site plan was not feasible and they closed.

“My perspective is there are consequences for that and changing their hours to me is a reasonable consequences,” said Lezak who cited in the case of Crogans, the commission didn’t shut them down, they reduced the hours and created other requirements.

“We didn’t close them, we set conditions based on sequences of their actions and that was not feasible for them,” stated Lezak. “Based on that experience, my concern here based on some of the testimony provided, if we do a similar make 11:00 pm the timeframe recognized by staff, we would be estimating the same situation and they would have to go back and likely not survive. So what really is the intent of the staff recommendation, what is the recommendations we might have for a process and for conversation, if the idea would be 11:00 pm would be so punitive they would close, would we consider 12:00 am so that there are consequences of your actions and a process that they could come back and apply for an extension to later hours based on providing a plan.”

Lezak said right now there was no plan and called it “not professionally run facility that has no plan and is making it up as they go” and now they have an opportunity to get the right help and fix it.

Pickett said they could simply shut them down and they have closed other businesses by strict requirement.

“I think society has become too tolerant of bad behavior and to put it in a two-years olds term, Spoontonics needs a timeout,” stated Pickett. “I cant see any reason to allow anything other than an 11:00 pm closing time.”

He shared there was no plan from Spoontonics which gives them a lack of confidence they will see any progress while noting he was not comfortable with 11:00 pm but they couldn’t survive at 10:00 pm. He supported the staff recommendation and nothing more lenient.

Commissioner Brandt Andersson looked at it two ways. The first that the owners have talked to the police and want to do away with DJ and music, but seems very late in the game to address issues. Second, looked at the recent events and have only been seven this year, three in last six months.

“The last three months have been zero, maybe its confidence, a trend, I am not sure,” stated Andersson with most events with police taking place after 12:00 am.  He urged a 12:00 am closing time and they could come back to highlight if changes work and they could request extension.

Commissioner Steve Reiser agreed with Andersson stating it gives Spoontonics an 11:30 pm last call. He called it a good approach if they are going to play with times.  But stated he was still concerned about neighborhood businesses because there was no plan.

Commissioner Ward stated she was “very concerned” over not having a security plan where this commission in the past have been given very basic plans to address problems and in this case, there is conflicting evidence—there is nothing in writing showing the owner has taken security precautions to address ongoing issues.

“I do see some improvement in the statistics, but at the same time I don’t think we can just rely on that,” said Ward. “We need to have some plan in place.”

She said she would be open to a later time than 11:00 pm but they could not regulate the music they are playing but stated they need a security plan.

Lezak motioned that the commission adopt the resolution for modification of CUP for Spoontonics to close at 12:00 am, 7 nights per week.

As part of the motion, Lezak offered advice to the business that if it comes back within 12-months seeking an extension of hours, they want to see data, a security plan and working with Walnut Creek Police  and the bar group of how they will handle security and impacts to neighboring businesses.

It was clarified through the city attorney, Spoontonics can apply at anytime for an extension of hours, but the Commission wanted to see a track record for a year—it was not a formal requirements they can’t come back within a year, but if they want to take the risk, the commission now has a stance there is not enough of a track record to make a decision.

Lezak confirmed it was a suggestion for 12-months so they could see data and not come back in a few months. It was also clarified “last call” would be at 11:30 pm with closing at 12:00 am 7-nights a week.

Pickett asked if they come back in 6-months, there is an administrative record and relayed in future staff reports they want 12-months of data.

The motioned carried 7-0. The business now has 10-days to appeal to the Walnut Creek City Council.

Spoontonics has said it will appeal the decision.

Information from Walnut Creek Police

The Walnut Creek Police Department, in its 6-page report, stated the following: CAD Call Print Synopsis Report between March 2021 and April 2023 from WCPD’s CAD system. These report contained 65 events related to Spoontonic Lounge’s address, 2580 N. Main St., but not all 65 events were associated with Spoontonic Lounge activity. For example, some events were random traffic stops and incidents where 2580 N. Main St. was used as the event location.

Police say between March 2021 and April 2023, the total cost for WCPD’s response to 39 calls for service equaled $184,106.

87% of WCPD responses were after 11:00 pm (34 events divided by 39 total events).

• 18% between 11:00 pm to 12:00 am.
• 21% between 12:00 am to 1:00 am.
• 31% between 1:00 am to 2:00 am.
• 18% between 2:00 am to 3:00 am

In the past three years, there have been at least 65 events at or in the vicinity of Spoontonic Lounge that has required response by the Walnut Creek Police Department (“WCPD”). Of these 65 events, 39 were determined to be directly associated with Spoontonic Lounge activity. These 39 events involve the following serious incidents:

• Fifteen (15) incidents of fights;
• One (1) incident of homicide;
• Five (5) incidents of gun possession;
• Two (2) incidents of sexual assault;
• Seven (7) alcohol-related incidents involving public intoxication and/or driving under the influence;
• One (1) incident of domestic violence;
• Three (3) incidents involving narcotics;
• Two (2) incidents involving threats;
• One (1) incident of brandishing a weapon;
• One (1) incident of assault with a deadly weapon; and
• One 1 incident of a disturbance

Of the 39 events directly associated with Spoontonic Lounge, twenty-three (23) were handled as criminal cases, and the other sixteen (16) required significant police response.

The following 39 events were determined to be associated with Spoontonic Lounge activity requiring WCPD response. Responding officers handled 23 of these events as criminal cases. The other 16 events require significant police response. NOTE: * Represents cases.

2021

1. 21-7382: March 31, at 11:27 p.m., a verbal dispute between coworkers and provided mediation.
2. 21-10346: May 04, at 12:54 a.m., fight between two females.
3. 21-11980: May 21, at 9:59 p.m., an anonymous reporting party complained Spoontonic Lounge was serving alcohol to minors.
4. *21-17315: July 16, at 0052 a.m., an intoxicated male was kicked out of Spoontonic Lounge, approached a female’s car, and vandalized it while the female was inside. Officers arrested a male for public intoxication. Due to his intoxication, the male had to be transported to the county hospital for treatment.
5. 21-17510: July 17, at 10:49 p.m., three males fought outside Spoontonic Lounge.
6. *21-17528: July 18, at 1:37 a.m., a quadruple shooting led to homicide. Officers had already responded to this location three prior times on disturbances during the night and had already made an arrest. One victim is deceased. One was in critical condition. Two others were injured. An arrest was made related to the shooting
7. *21-17521: On July 18, at 12:36 a.m., an intoxicated male tried to fight a patron inside Spoontonic Lounge and assaulted bouncers. The male was transported to county jail.
8. 21-27923: October 29, at 8:24 p.m., drug sales occurring at Spoontonic Lounge.
9. 21-30158: November 20, at 2:20 a.m., a confrontation between patrons inside the bar. The involved subjects were waiting for others in the parking lot to fight.
10. 21-30335: November 21, at 11:28 p.m., drug sales occurring in the parking lot
11. 21-32476: December 10, 2:05 a.m., fight inside bar involving a patron and bouncer.
12. *21-33412: December 18, between 12:30 and 2:00 a.m., an intoxicated female met a male suspect inside Spoontonic, and both went to a car in the upper parking lot. The male subject had sex with a female who did not remember having sex due to her intoxication. The female woke up with bruising on her arms and neck (hickeys). The investigation concluded the male sexually assaulted the female. This male stole her phone and other personal property. The male was arrested, and charges were filed with the DA’s office.

2022

1. 22-174: January 02, at 11:43 p.m., a bar patron was refused entry and threatened to shoot security personnel.
2. *22-2204: January 26, at 1:15 a.m., fight inside the bar where a male punched a male and female patron sitting at the bar. Bouncers intervened, and the suspect fled the scene. Both victims sustained minor injuries.
3. 22-6528: March 05, at 2:03 a.m., report of a fight between two groups. Involved subjects were gone on police arrival.
4. *22-9045: March 30, at 1:00 a.m., fight inside the bar between two females. Bouncers intervened and held down the primary aggressor. The involved females sustained minor injuries.
5. *22-9394: April 14, at 1:38 a.m., fight inside the bar where four males assaulted the male victim. Bouncers intervened and kicked the four suspects out of the bar. The victim sustained minor injuries.
6. *22-11158: April 25, at 12:00 a.m., fight between a male and female in the bar. The male grabbed the female and would not let go causing bruising to her arms. The female reacted by throwing a drink at the male. Charges were filed against the male for domestic battery.
7. *22-12392: April 30, at 11:59 p.m., fight between an intoxicated male and an intoxicated female in the parking lot. The male hit the female in the face. No injuries were sustained by either involved subject, and it was determined to be a domestic incident.
8. 22-13940: On May 14, at 12:24 a.m., there was a fight involving ten subjects near the bar entrance. Four involved vehicles fled the scene upon police arrival.
9. *22-13947: On May 14, at 2:04 a.m., an intoxicated male stating he was drinking at Spoontonic Lounge attempted to drive home, where he was contacted in the Spoontonic parking lot trying to get inside his car. He was arrested for public intoxication and transported to the county hospital.
10. 22-16453: June 05, at 10:50 p.m., via 911, four males in the parking lot were arguing and threatened to shoot up the bar. The involved subjects fled in three vehicles before police arrival.
11. *22-18615: On June 26, at 2:10 a.m., two males argued in the Spoontonic parking lot, where one brandished a knife at the other. The other male brandished a firearm back and fled the scene in a vehicle. No one was injured. Bouncers stepped away from the altercation for personal safety reasons.
12. 22-19464: July 03, at 11:56 p.m., two subjects entered the liquor storage closet and had sex. They left upon police arrival.
13. *22-28032: September 17, at 1:10 a.m., an intoxicated male stating he was drinking at Spoontonic Lounge left the bar, entered his truck, and backed his truck into another parked vehicle in the Spoontonic parking lot. He was arrested for DUI and was combative due to his intoxication. He was transported to county jail.
14. *22-29596: September 30, 1:44 a.m., in the Spoontonic parking lot, a male brandished a knife at the victim and then attempted to stab him. When the officer arrived, the male fled the scene but was located. The male then aggressively charged officers. An officer deployed the CED to take this male into custody safely. The male was transported to county jail for assault with a deadly weapon.
15. *22-29830: October 06, 1:39 a.m., an intoxicated male was harassing female patrons inside the bar. Bouncers kicked him out of the bar, where he was later arrested for public intoxication. He was transported to county jail.
16. *22-34018: November 04, 11:26 p.m., officers made a traffic stop on a vehicle seen sitting in the parking lot above Spoontonic Lounge for a couple of hours. Officers searched the car, and one firearm registered to an occupant of the vehicle was located, and an additional “ghost gun” was also located. Both subjects were determined to reside outside of Walnut Creek. They were arrested on weapons charges and transported to county jail.
17. *22-34021: November 04, 11:56 p.m., officers made a traffic stop on a vehicle leaving Spoontonic Lounge. Officers searched the car and found a firearm. Officers determined the driver associated with this vehicle was prohibited from possessing a firearm. This subject was arrested on weapons charges and transported to county jail. This subject was determined to reside outside of Walnut Creek.
18. *22-34023: November 05, 12:15 a.m., officers made a traffic stop on a vehicle leaving Spoontonic Lounge. An occupant of this vehicle was seen earlier by detectives putting a firearm in the trunk. Officers searched this vehicle and found a loaded firearm registered to the vehicle’s driver. This subject was arrested on weapons charges and was transported to county jail. This subject was determined to reside outside of Walnut Creek.
19. *22-34028: November 05, 1:56 a.m., officers made a traffic stop on a vehicle leaving Spoontonic Lounge. Officers contacted three occupants inside the vehicle. Officers searched the vehicle and found two firearms registered to two occupants. These two subjects were arrested on weapons charges and were transported to county jail. They were determined to reside outside of Walnut Creek.
20. 22-37957: December 10, 1:04 a.m., an in-progress fight between six subjects occurred in the parking lot. The involved subjects fled the area in three vehicles before police arrival.

2023

1. *23-2324: January 21, 1:49 a.m., officers were dispatched to a disturbance regarding a male trying to fight patrons outside Spoontonic Lounge. Officers contacted and arrested this subject for public intoxication and transported him to county jail.
2. *23-2330: January 21, 2:25 a.m., WCPD Detectives witnessesed a Spoontonic Lounge bouncer with a gun in the bar. Surveillance was able to follow him to a vehicle, after which a traffic stop was made. The subject also had body armor, and his vehicle was equipped with red and blue emergency lights. He was ultimately arrested as a prohibited person in possession of a firearm.
3. *23-5974: February 12, 1:45 a.m., a female was thrown to the ground by her ex-boyfriend outside of Spoontonic Lounge, which got other patrons involved causing a more significant disturbance. The female victim sustained injuries to her face. The female reported this incident one week later.
4. 23-6258 / 23-6264: February 19, 2:18 a.m., an in-progress fight between two large groups of subjects occurred in the parking lot. The involved subjects fled the area in three vehicles before police arrival. An uncooperative victim went to Antioch Kaiser for minor injuries while attempting to break up the fight.
5. *23-11052: April 02, 12:31 a.m., a fight involving several patrons started inside Spoontonic Lounge, where an employee activated Spoontonic’s panic hold-up alarm due to the intensity of this fight. Responding officers were advised that a gun was involved and responded with their lights and sirens activated. When officers arrived, a large fight (estimated to involve over 40 subjects) occurred in the parking lot. Officers arrested three subjects for disorderly conduct, public intoxication, and warrants and transported them to county jail. The investigation revealed that one of your bouncers aided the suspect in discarding a firearm and evading officers. Fortunately, no one involved sustained serious injuries.
6. 23-13931: April 27, 1:40 a.m., officers responded to Spoontonic Lounge on a 911 hang-up call. Officers located a female patron suffering from alcohol poisoning, who had to be transported to John Muir Hospital.
7. *22-32777 : May 05, 10:20 p.m., WCPD Detectives arrested the narcotics dealer identified on February 24, 2023. WCPD Detectives located and arrested this dealer in the parking lot of Spoontonic Lounge and found him possessing cocaine packaged for sale. He was transported to the county jail and booked into jail for sales of narcotics charges.

Calls for Service: Spoontonic Lounge vs. Retro Junkie vs. Masses

• Spoontonic Lounge: Between March 2021 and April 2023, WCPD responded to 15 fights (38% of call responses), seven alcohol-related incidents (18% of call responses), one domestic violence incident (3% of call responses), one disturbance incident (3% of call responses), and five gun possession arrests (13% of call responses). The total number of calls for service was 39. Maximum occupancy is 90.
• Retro Junkie: Between March 2021 and April 2023, WCPD responded to 10 fights (16% of call responses), 29 alcohol-related incidents (48% of call responses), five domestic violence (8% of call responses), ), 12 disturbance incidents (20% of call responses), and no gun possession arrests (0% of call responses). The total number of calls for service was 61. Maximum occupancy is 180.
• Masses: Between March 2021 and April 2023, WCPD responded to one fight (20% of call responses), two alcohol-related incidents (40% of call responses), two domestic violence (40% of call responses), ), no disturbances (0% of call responses), and no gun possession arrests (0% of call responses). The total number of calls for service was 5. Maximum occupancy is 286.

• Meeting video – click here
• Staff Report
• Attachment 1 – Notice of Violation issued August 10, 2023
• Attachment 2 – PC resolution 3213 – 2001 CUP
• Attachment 3 – PC Resolution 3510 – 2009 CUP
• Attachment 4 – WCPD Spoontonic Lounge Report
• Attachment 5 – WCPD Letters to Spoontonic
• Attachment 6 – Reporting Party Data Analysis for Spoontonic Lounge
• Attachment 7 – Draft Resolution
• Addendum – Correspondence Received

Editors Note

This planning commission decision comes as Brentwood City Councilwoman Jovita Mendoza is using this item to try and push for changes in the City of Brentwood.