City Code Snag Delays Downtown Experiment Permit Case Another 90 Days

The Planning Commission on Thursday decided to extend nightclub Downtown Experiment's operating permit revocation case another 90 days — but this time, it was the city that needed time to work things out.

Staff said they had planned to withdraw their request to revoke the downtown bar's operating permits per the Commission's previous decision on March 12, where the nightclub owner, Marco McGuire, agreed to work with the city on compliance.

However, around 2:45 p.m. on Wednesday, city staff told the owners that the case would need to stay open for about six more months while the city works through a code fix for an entertainment permit. Staff said the nightclub had agreed to pursue a permit modification and an entertainment permit, but after reviewing the code, staff concluded the permit could not be issued under the current language because the police chief could not make the required findings.

City staff said a municipal code amendment would be needed and estimated the process could take as long as six months, though the code itself would require at least 45 days before taking effect after adoption.

Commissioners on Thursday voted 4-3 to reject that timeline, and instead set a 90-day continuance, saying the city should move faster and return with a resolution.

Commission Chair Launa Wilson pressed staff as to their rationale for the extension when they had assured the nightclub owners that things were moving along.

"What is the rationale for keeping this issue hanging over these business owners' heads?" Wilson asked staff. "When it sounds like…they've acted in good faith up to this point. They've been assured numerous times by…members of the planning team that everything is moving forward, they met the deadline for submitting the application. So, why are we still trying to act punitive towards them while the city fixes this code issue?"

Other commissioners said the city was creating uncertainty for a business that had been working with staff in good faith and warned that the process could make Riverside look like a bad place to do business.

"This really does put the scrutiny on the city in a manner that really can come across as quite unprofessional and not fair and negative, and I'm sure that that's not the position that the city wants to be seen as far as doing business with folks that want to establish businesses here in the city," said Commissioner Lorraine Mooney.

Owner Marco McGuire told the Gazette he appreciated commissioners "for holding the city accountable and encouraging collaboration with [Downtown Experiment]," and said the team hoped the process could be finalized within the next 90 days.

"From the beginning, our goal has been to work together with the city and community leaders in a constructive and transparent way," he said. "We love our city and have always aimed to be a positive example within our industry, contributing responsibly to the downtown community."

Earlier this year, after numerous police calls and a series of incidents — including reports of a shooting inside the club, assaults in the alley outside, sexual assaults, physical altercations and security guards battering customers — city staff recommended the Planning Commission revoke Downtown Experiment's club and nightclub permit and alcohol sale permit.

However, after lengthy debate at the March 12 meeting — in which dozens of residents showed up to speak in support of the club's owner — commissioners moved to continue the decision to June 4 to allow time to discuss possible changes to the club's conditional use permits.

The case will return to the Planning Commission at a hearing 90 days from now.