By Daniel Larios
Staff Writer

September 16, 2014 –Eighty-one years after the repeal of Prohibition, a modern day speakeasy has been successfully prosecuted in Santa Monica for violating city alcohol permit laws.

Earlier this month, the owners of Brick + Mortar, located on Main Street in the Edgemar Center for the Arts, pleaded no contest to 14 misdemeanor charges.
The establishment – which illegally served alcohol without an accompanying meal – was charged “violating the Restaurant’s permit conditions, failing to comply with City Administrative Citations and maintaining a public nuisance,” according to the City Attorney’s Office.

As part of a plea agreement with the City Attorney’s Office, the restaurant will be ordered to pay more than $6,700 in fines to the City to cover investigative costs, thousands more in court fees and will be placed on probation for 30 months.

“This is a positive and fair result” said Santa Monica Police Captain Daniel Salerno, head of the Department’s Vice Unit.  “The Police Department, in cooperation with our Code Enforcement and City Attorney’s Office partners, will continue to aggressively and evenhandedly enforce local laws that protect public health, safety and welfare.”

A gathering place to watch University of Michigan football games, Brick + Mortar has been known to serve alcohol without the purchase of food, which violates the restaurant’s permit conditions.

Under the City’s laws, restaurants cannot become bars or nightclubs without proper City review and permits.  Restaurants that operate as bars or nightclubs without the proper documentation can create public safety problems for both residents and police, according to Salerno.

“Noise and the behavior of intoxicated persons, especially during late-night hours, significantly disrupt neighborhoods,” he said.

Prior to referring the case to the City Attorney’s Office, SMPD and Code Enforcement Officers attempted to work with the restaurant’s owners for months, issuing warnings and citations with fines, according to Salerno.

With warning after warning, the restaurant continued to rack up complaints from neighbors, who were being disturbed by late night intoxicated guests.  The restaurant’s refusal to comply led the City Attorney to file charges.

As a part of the plea deal, Brick + Mortar has been ordered to: not organize or participate in pub-crawl events; serve alcohol only with meals and post signs advising of the policy; allow persons of all ages to enter at all times and comply with all other laws and permit conditions.

Salerno feels optimistic about the situation, believing that the restaurant will ultimately change its ways.

“The Department understands that Brick and Mortar has now committed to changing its operations to comply with local laws,” he said. 

“We are very happy about this commitment and we look forward to working with Brick and Mortar, and any other business that needs our assistance, to ensure that they can operate successfully in Santa Monica and within the bounds of the law.”