Elyria cites shootings, overcrowding in objecting to liquor license renewal for 'problem' bar

Elyria will object to the liquor permit renewal of The New Bistro on Taylor Street, citing chronic issues of criminal complaints, disturbing neighbors and code violations. City Council voted unanimously on Monday to submit a formal objection to the Liquor Control Division of the Ohio Department of Commerce, asking it to deny the annual renewal of a liquor permit for the business at 645 Taylor St. Law Director Amanda Deery brought the resolution before Council, saying that the city needed to submit both a resolution and a letter from her office to the Liquor Control Division date stamped to later than Sept. 2. Liquor permit renewal applications are due by Oct. 2. Deery said that the specific provision in the resolution will be that the premises do not conform to the building, safety or health requirements of Elyria. Police Chief James Welsh said during the meeting Monday that he had asked Council to take action against The Bistro due to numerous and repeated complaints against the bar. "It has become a chronic problem location that threatens the safety of our community," Welsh said. "The consistent failure of the establishment to operate responsibly has left us no choice but to request that Council support a formal objection to the renewal of its liquor license." The New Bistro on Taylor Street is the latest of a number of iterations of the same bar and restaurant at 645 Taylor St., all sharing the "Bistro" name, in recent years. Welsh said that the current business opened three years ago. According to city records, the liquor permit for the business is held by Xanmar M77 LLC. State business records show that Xanmar M77 is owned by Marsha Bodiford of Akron. Welsh said in the past three years, Elyria police responded to 91 calls at The Bistro, more than two a month. Additionally, the department has made more than 150 proactive patrols in the area "based on the issues that have been occurring there." "We have had shootings, drug arrests, individuals in possession of firearms, assaults, robberies, gang violence (at the bar)," Welsh said. "Based on my experience over the years in narcotics, it is not a matter of if, but when we have another shooting or a homicide at this location." While violent incidents are the largest concern, the chief added that most complaints from neighboring businesses and residents relate to noise disturbances, reckless driving, public intoxication, parking issues, littering and public urination. Welsh said that the business is open sporadically on "random days of the week," and that it often is open well into early morning hours. "These complaints have become a drain on police resources, and erode quality of life for law-abiding neighbors and businesses," Welsh said. "And for those reasons I ask that you object to their liquor renewal." Councilwoman Brenda Davis, D-2nd Ward, asked if the business were operating only as a bar or it was still also operating as a restaurant, as it did when it first opened. "Not to my knowledge," Welsh said. "It is more of an after-hours location. Patrons show up late in the evening and they carry on until 3, 3:30 in the morning, that is when we have been getting a lot of these complaints." Chief Building Official Darryl Farkas said that he could not speak to whether The Bistro was currently selling food, but he could confirm that they still had the equipment to do so inside the building when he last inspected it. According to The New Bistro on Taylor Street's Facebook page, the business was still advertising food as of June 12, in the form of a post advertising 'Smashburger Thursday.' Another issue that the city said it has repeatedly attempted to address with the owners of the bar is overcrowding in the bar. The certified occupancy of the bar is 80 people, including staff. In response to a complaint, Elyria police, fire and the Building Department investigated an overcrowding complaint at the bar on March 9, discovering about 160 people on the premises. Welsh said that on March 28, the city returned to the business and once again found it "well over capacity." The Elyria Fire Department then temporarily ordered The Bistro closed. "The problem that we see is sometimes they will advertise a private party or a birthday party and they get a tremendous crowd," Fire Chief Joe Pronesti said. "It's not just for the fire (concerns), but if there were any kind of violence. In this day and age you have to worry about the two dreaded words 'active shooter,' if you have a shooting or something go on in there. It's not designed to hold 160 people." Following those two overcrowding incidents, Farkas told Council he sent a letter to the ownership warning that if severe overcrowding continued, he would revoke their certificate of occupancy, which allows a business to operate. He said after that letter was sent, he has not received any additional overcrowding complaints. "Is there anything that we can do in the meantime? Is there any other action that we can take besides objecting?" Councilwoman Mary Siwierka, D-3rd Ward, said. Welsh said that police have increased patrols in the area and will continue to monitor the business and work with other city departments. He added that the city would continue to carry out "covert operations" at The Bistro to determine if any activities were going on there that would warrant the business being shut down. "Until that time, taking away their liquor permit, I believe, will be the best course of action to get this closed down," Welsh said. "... The issues that we are seeing are based on late evening, early morning and after-hour problems. It is run more as a bar than a restaurant." Councilman Brad Armstrong, I-5th Ward, asked Welsh if 645 Taylor St. was the only bar in the city that was a problem for the department. Welsh said that The Bistro was the "most problematic" bar in Elyria, so it was receiving a heavy focus from the department. "We have attempted to make contact with the managers and owners of the bar, and they have been of little help in trying to remedy the situation," Welsh said. "We have given them plenty of chances and they have failed to take any action to support what we are trying to do to make the area safer. This is the only one at this time that we are asking for an objection for because of the chronic problems they have shown over the course of the last three years." Bodiford could not be reached for comment Wednesday. Contact Owen MacMillan at (440) 329-7123 or omacmillan@chroniclet.com.