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City attorney wins right to take abatement action against Eastside bar

March 31, 2011 | 12:05 pm

The Los Angeles city attorney’s office has the right to secure a permanent injunction on an Eastside bar owner, a California appeals court has ruled.

The court upheld the right of the city to impose conditions on the Le Blanc Cafe at 2834 North Broadway, and rejected arguments by the bar owners that only the state Department of Alcoholic Beverage Control could set requirements.

City attorneys sought an injunction in 2008 after the Los Angeles Police Department documented dozens of complaints about the bar between August 2007 and July 2008.

LAPD vice officers arrested employees for serving alcohol to obviously intoxicated persons on seven different occasions. In addition, at least 18 customers who had been drinking at Le Blanc Cafe were arrested for driving under the influence.

Los Angeles Superior Court Judge Richard Rico granted a permanent Injunction in July 2009, requiring the  bar owners to hire security guards, terminate employees who served alcohol to intoxicated patrons and to pay $41,274 in fines, attorney fees and civil penalties.

The property owners also would have to evict Le Blanc Cafe if any further alcohol related-violations occurred under the injunction.

Prior to the court decision, the Department of Alcoholic Beverage Control filed a brief saying its power to issue and regulate alcohol licenses did not preclude the city attorney from taking nuisance-abatement action against the cafe.

The state Court of Appeal issued a published opinion finding a nuisance at the property.

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-- Richard Winton

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