George’s Nightclub in downtown San Rafael has been shut down, for now.
The City Council has rejected an appeal by Esly Figueroa, owner of the venue at 842 Fourth St. In April, Figueroa contested the city’s decision to revoke a conditional use permit that allowed it to operate as a nightclub.
In her appeal, Figueroa said the city has been targeting her business since a double homicide near the venue two years ago. Figueroa, who is a Spanish speaker, said there was inadequate interpretation provided to her at the Planning Commission meeting. She also alleged inadequate review and discrepancies in information presented.
The 4-0 vote on May 1 reaffirms the Planning Commission’s decision to take away the permit, finding the business out of compliance and declaring it a public nuisance. Councilmember Rachel Kertz was absent from the council vote.
The revocation prohibits Figueroa or anyone else from running a nightclub at the venue for at least one year. Figueroa or another business operator can, however, obtain permits and licensing to open a restaurant or other downtown appropriate business, city officials said.
The council asked staff to work with Figueroa to find an alternative business to operate so the location does not remain vacant.
“We have not heard whether Ms. Figueroa is planning on operating another business,” Ali Giudice, the city’s community development director, said Friday. “We had previously heard that she was planning on selling. Either way our staff is available to work with her on an alternative use of this space.”
Figueroa did not respond to a request for comment.
The site has been a nightclub off and on since 1984, according to the city. Evolution Nightclub & Restaurant LLC, Figueroa’s business entity that owns the bar, took over in 2013.
Figueroa did not provide sufficient evidence to support her appeal points, said Leslie Mendez, the city’s planning manager.
Inspection of the bar’s operation was initiated following the July 21, 2021 shooting, Mendez said. The city assigned a code enforcement officer to ensure compliance with the terms and conditions of the use permit.
The club was found to have a delinquent business license and no active environmental health license for food service, Mendez said. The business failed to maintain a requirement that four security guards wearing clothing identifying themselves be on site, among other violations, she said.
Police have responded to 27 specific incidents connected to the venue since the shooting, Mendez said.
City officials first contacted Figueroa in September 2021, informing her of the permit violations, Mendez said.
“The city encourages commercial activity to bring vibrancy and diversity of art and entertainment to the downtown,” Mendez said. “The business, however has continued to operate in noncompliance with the use permit even after numerous notifications and inspections by city staff.”
The noncompliance “has resulted in a disproportionate number of service calls to the police to respond to incidents of over intoxication, theft and violence, all of which have put a strain on police resources, requiring diversion from other emergency services and patrol operations,” Mendez said.
Vice Mayor Maika Llorens Gulati said city officials have been put in a difficult situation.
“My first impression is I want to keep all of our small businesses, and I want to support them,” she said. “However, it seems that this is bringing too many safety calls to the city.”
“Strenuous efforts have been made to avoid this outcome,” Councilmember Maribeth Bushey said.
Mayor Kate Colin said staff has been trying to rectify the issue for two years.
“So I’m saddened that in those two years there are these health and safety obligations that have not been met,” Colin said.
The shooting happened in a parking garage at Third Street and Lootens Place. Witnesses saw a vehicle speeding from the scene, and an officer saw a potential match nearby.
Police who stopped the vehicle at the top of Wolfe Grade found four people inside. Two of them — a 25-year-old Fairfield man and a 25-year-old Pittsburg man — had gunshot wounds, police said.
Around that time, a vehicle carrying two men from Stockton crashed in San Anselmo. One man — Javel Lamar Wiggins Jr., 24 — was dead, and the other was taken to a hospital.
Separately, Phillip Reginald Hill Jr., 27, of Vallejo was dropped off at a hospital by a driver who left after hospital workers pulled the victim from the car. Hill died at the hospital.
The other gunshot victim was a 62-year-old homeless man inside the parking garage.
Police said the investigative team –– which also includes officers from Solano, Contra Costa and Alameda counties –– determined the shooting was a gang-related dispute carried out by gang members from the East Bay. No arrests have been made.
A “person of interest” in the case was killed last year during a possible botched robbery attempt in Sacramento, police said. They declined to release the person’s name.
Anyone information about the shooting can contact the San Rafael Police Department at 415-485-3000.