The city’s planning department is considering restrictions for Berri’s Café for alleged code violations. (photo by Edwin Folven)

A Los Angeles Department of City Planning zoning administrator held a virtual public hearing on Jan. 27 to consider potential restrictions on permits for Berri’s Café, located at 8412 W. Third St. in the Beverly Grove neighborhood.

Berri’s Café, which has been open since 1996, has been the site of numerous complaints about criminal incidents, disturbances and code violations, according to the Los Angeles Police Department and residents living in the surrounding community. The café is open from 11 a.m.- 4 a.m., and a majority of the problems occur during the early morning hours, authorities said.

Zoning administrator Charlie Rausch held the hearing and is considering whether to impose restrictions on the café’s business permits, such as potentially limiting hours of operations, or revoking the operating permit altogether. The public has until Feb. 29 to provide comments to Rausch, who said he will make a decision on the business permit after the public comment period closes.

Authorities cited crimes that they said occurred at Berri’s, or happened after victims had just been inside Berri’s, including the July 9, 2023, murder of a 17-year-old victim who was shot and killed near Third Street and Orlando Avenue. Two other people were seriously injured in the shooting, which occurred after a dispute occurred inside the restaurant. The café has also been the site of at least one robbery in which suspects targeted victims inside the restaurant and stole watches and jewelry. LAPD Detective Ben Thompson said Berri’s attracts a late-night crowd that comes to the location after other establishments have closed. Berri’s is not allowed to sell alcohol. However, LAPD officers conducting undercover operations have purchased alcohol after 2 a.m. at the café as recently as last November, Thompson said. Authorities have also previously served a search warrant at the site and located a stash of alcohol they believe was being sold, Thompson added. Incidents at Berri’s force the LAPD to devote resources that could otherwise be used elsewhere, he said.

“And that commitment of resources is cause for longer response times to actual emergencies, diverting police resources that could be used addressing something else to this place,” Thompson said. “It is in general making that area of the city a more dangerous and disorderly place just because so much attention is having to be spent on one business.”

Councilwoman Katy Yaroslavsky, 5th District, is calling for hours to be limited at Berri’s Café considering the crimes and disturbances that have occurred in and around the restaurant. Yaroslavsky’s planning deputy Jennifer Torres participated in the hearing and explained why action is needed.

“Councilwoman Yaroslavsky is fully aware of the reports and incidents that have taken place on the property linked to Berri’s Cafe establishment that lower the quality of life for neighbors,” Torres said. “In light of these concerns, we are requesting a modification to Berri’s closing hour to be 11 p.m. daily, as opposed to the current 4 a.m. closing time. This adjustment aims to contribute to a more controlled and secure atmosphere during the evening hours fostering a safer environment for everyone. Furthermore, we propose an additional condition that states should incidents such as unpermitted alcohol sales and underage alcohol sales persist, Berri’s operating permit should be revoked. This additional measure ensures ongoing compliance with community standards and safety regulations.”

Attorney Robert Liskey spoke on behalf of owners Raphael and Hortencia Berri. Liskey outlined numerous measures the owners have taken to ensure problems are mitigated. Armed security guards are posted at the front and rear entrances to the café, and all employees have undergone training to ensure rules are being followed. No alcohol sales are allowed, Liskey said. A new valet service is being used to reduce problems with parking congestion around the restaurant, he added.

“What we are trying to do is ensure that Berri’s is a good citizen and compatible with the neighborhood, and is taking seriously the concerns of the commission and the police,” Liskey said. “Uniformed, armed security guards are being utilized at the front and the back of the restaurant. The security guards have been extensively in service on preventing illegal smoking and drinking on the premises, dealing with violent incidents and more.”

Approximately 15 people spoke during public comment, a majority of whom are neighbors with concerns about the property. Resident Robert Cherno said the 17 year old who was murdered near the restaurant last July should not have been allowed inside in the first place due to curfew laws. Anyone 18 and under is prohibited from being on the streets from 10 p.m. to sunrise unless accompanied by an adult under the Los Angeles Municipal Code. Cherno added that the owners have been non-compliant for years and there is no reason to believe they will change now.

“I’m just appalled by the continued violations here,” Cherno said. “The only solution here is to finally close them down and give our community the safety that we deserve.”

Resident Keith Nakata also criticized operations at the café.

“The city of Los Angeles appears to have had no success in getting this operation into compliance with the current tools available to it,” Nakata said. “Now is the time to increase the compliance measures to the maximum level at your disposal.

Three of the commenters identified themselves as employees of Berri’s Café and spoke in favor of the business. They said they feel safe working there and the restaurant’s management has taken steps to mitigate issues and concerns. Liskey said Berri’s is open to working with the city to ensure problems do not persist.

“I hope that you give us an opportunity to try and address these concerns and make things better going forward,” he said. “To the extent you impose conditions, please impose those [that are] reasonable or work with us and we’ll work with you to try and make everyone happy.”

Rausch said people can email comments regarding Berri’s Café to charlie.rausch@lacity.org, and the comments will be added to the file. Rausch’s decision is expected to be made after Feb. 29, and will be final unless appealed to the planning commission.