Will Bars Have a Curfew in San Diego?
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City officials have proposed new alcohol restrictions in Encinitas
“You don’t have to go home, but you can’t stay here” is something bar-goers might be hearing a lot more of in Encinitas.
Elected officials are responding to alcohol related incidents by proposing a moratorium on new liquor licenses for 45 days and changing the closing time for bars from 2 a.m. to midnight, NBC 7 is reporting.
The proposal comes after a 13% increase in incidents at Encinitas bars from 2008 to 2012, and there have been complaints from business owners and locals who have “had it with the growing amount of unruly, late night behavior.”
Locals have been having issues with property damage and vandalism, as well as loud and inappropriate language, but bars and restaurant owners do not plan on taking this decision lying down. The owner of D Street Bar and Grill argued that it is the people causing the behavior, and not the restaurants that are responsible for the increased issues in the beach town.
The Encinitas City Council will put the proposal to a vote on Wednesday, July 10th.
Current status of bars..night or danceclubs?
Would like to know the current status of nightlife in Cabo? Are night-danceclubs open? Is there a curfew? Is the Marina area a good spot to find lodging?
7 replies to this topic
Curfew is 11:00. Bars and nightclubs are open. Downtown was packed last weekend when I was in town.
There's not supposed to be any dancing at this time. You will most likely find it though at places like Squid Roe or Mandala. An additional restriction just went into effect, no singing or instruments that require exhaling, like a sax, flute, etc. Even though this went into effect a few days ago, I heard there was live music at Cabo Wabo today. There's no rhyme or reason to how, when, or where they enforce the restrictions. As of today, there is still an 11pm curfew. Inspectors are now checking restaurant/bar receipts to see if customers are ordering the 'appropriate' food.
>>Is the Marina area a good spot to find lodging?<<
Look at properties on Medano Beach, near the Marina but on the beach, I wouldnt go to Cabo and not stay on the beach.
The places I visited with live music last week had plastic shields surrounding the mics, etc. I did not observe that in January. I understand that the government may be advocating against certain behaviors but they are still occurring.
On a separate note, I recently went to Big Bear and everyone told me it was shut down and that no indoor or outdoor dining was allowed. When I actually got there, I was floored that a majority of the restaurants were open and allowing outdoor dining. Those restaurants were full. We experienced the same thing in San Diego when they shut down restaurants. Several remained open despite the orders and even certain cities like Encinitas stayed wide open.
I understand the rules are constantly changing but just wanted to give the OP my POV as I saw things last week.
San Diego County Moving To Orange Tier, Lifting Curfew
San Diego County will officially move into the orange tier of the state's coronavirus reopening system Wednesday. (Shutterstock)
SAN DIEGO COUNTY, CA — San Diego County will officially move into the orange tier of the state's coronavirus reopening system Wednesday, owing to the state reaching the milestone of 4 million vaccinations administered in the low- income communities that have been hardest hit by the pandemic.
Meeting that goal triggers an adjustment of the state's Blueprint for a Safer Economy that will allow San Diego County to quickly advance into the less-restrictive orange tier, allowing for increased attendance limits at most businesses and a reopening of bars outdoors.
"San Diego is officially moving into the orange tier, yet another significant step in our recovery from COVID-19," County Supervisor Nathan Fletcher said. "The vaccine has given us a path to save lives, restore our economy, send our kids back to school and get our way of life back. The combination of a low case rate plus the state hitting vaccine milestones allows us to continue moving forward."
Also Wednesday, the county will lift the 10 p.m. curfew for restaurants, bars, breweries, distilleries and wineries that has been in place since last July, Public Health Officer Dr. Wilma Wooten said.
The orange tier includes restaurants being able to operate at 50% of capacity -- or 200 customers, whichever is fewer -- while bars without food service may begin outdoors operations, museums, zoos, aquariums, movie theaters and places of worship may have 50% of capacity indoors and amusement parks may increase attendance to 25% of capacity for in-state visitors. Gyms, bowling alleys and family entertainment centers can allow 25% capacity indoors and indoor pools can reopen.
Additionally, live events such as sports and concerts can increase attendance to 33% of capacity for in-state fans. There will be no indoor capacity for retail shopping.
On a broader scale, California health officials said Tuesday that all state COVID-19 restrictions on businesses, gatherings and recreational activities will be lifted June 15, although a mask mandate will remain in place.
Assuming continued availability of vaccines and no major spikes in COVID-19 hospitalizations between now and then, the state will do away with its Blueprint for a Safer Economy, the four-tier, color-coded system that has guided economic reopening through a series of restrictions and attendance limits.
California Health and Human Services Secretary Dr. Mark Ghaly said the June 15 date was chosen for being two months after COVID-19 vaccines are made available to all Californians aged 16 and over. And the decision to lift all the blueprint requirements comes in response to rising vaccination numbers and continued decreases in all key pandemic-tracking metrics, such as case numbers, positivity rates and hospitalizations.
Ghaly stressed that the statewide mask mandate will remain in place "to prevent illness and promote health."
He noted that the June 15 date could possibly be adjusted if the state begins over the next two months to experience rises in hospitalization numbers or a sudden lack of vaccine supply. He urged all residents to ensure the move occurs on time by continuing to practice infection-control measures.
Gov. Gavin Newsom echoed that sentiment, saying residents cannot get careless in the coming weeks about taking precautions -- particularly in the face of increasing COVID variants that can be more infectious and could potentially be more resistant to vaccines.
The governor said that when the blueprint is scrapped, he expects schools, community colleges and universities across the state to return to in- person instruction -- although he stopped short of saying they would be required to do so.
San Diego County public health officials reported 127 new COVID-19 infections Monday, raising the total to 271,654, while hospitalizations related to the virus dropped to 189, eight fewer than a day earlier. The number of patients in intensive care units increased by two to 57. There were no additional deaths reported, leaving the total at 3,583.
Of the 5,517 tests reported Monday, 2% returned positive. The 14-day running average as tallied by the county is 2.2%.
Nearly 2 million COVID-19 vaccine doses have been delivered to San Diego County, according to the San Diego County Health & Human Services Agency, and 1,034,511 county residents -- or 38.5% -- have received at least one dose of the two-dose vaccines.
A total of 611,154 people in San Diego County -- or 22.7% -- are fully vaccinated.
These numbers include both county residents and those who work in San Diego County. The state's goal is to vaccinate 75% of people 16 and older to achieve herd immunity -- around 2.02 million San Diegans.
While California is not yet under mandatory limits on restaurant and bar openings statewide, various cities and counties up and down the state are imposing restrictions. For example, indoor dining is soon set to be banned in major metropolitan areas including Sacramento and San Francisco, and restrictions are also being implemented in San Diego. In total, 11 counties in the state are currently experiencing a high enough caseload to trigger state-mandated restrictions on businesses.
Peaceful Protests, Followed by Violence
The protests in La Mesa Saturday first formed across the street from the La Mesa Police Department station. About 45 minutes later, the group split up and marched down the sidewalks of the city. Hundreds joined in on the march.
As the march progressed, demonstrators – many holding up signs – made their way to Baltimore Drive and tried to walk onto Interstate 8. California Highway Patrol officials blocked entry to the freeway, but the crowds broke through lines and walked on both sides of I-8. Police and CHP officers diverted traffic.
As night fell, the energy of the peaceful demonstration drastically shifted. Tension between officers and demonstrations escalated outside LMPD headquarters and police declared unlawful assembly.
Does the ACLU have a case against the curfews?
Two experts say it’s a long shot.
“Courts look at curfews in a really deferential way and won’t really investigate whether the factual basis is viable. It’s often just enough for public officials to say they’re concerned about a danger to public safety,” said Loor, the Boston University law professor.
Evan Gerstmann, an attorney and professor of political science at Loyola Marymount University in Los Angeles, said it’s “perfectly legitimate” for a city to impose a curfew in order to “head off a problem before it occurs.”
But a city could go too far, he said, if it makes a curfew so restrictive “that you don’t have ample alternatives to express yourself.” A curfew that starts too early and prevents protests from occurring could qualify, he said.
New York Will End Dining Curfew, Bring Back Bar Seating Next Month
Governor Andrew Cuomo has announced today that the midnight curfew for NYC restaurants and bars will be eliminated next month, and bar seating in the city can resume as soon as next week.
Beginning on May 3, bar seating will be allowed in NYC after being off limits for more than a year. Restrictions on catering businesses have also been loosened, with catered events at residences allowed again starting the same day. The 12 a.m. curfew will be lifted for outdoor dining starting on May 17, and indoor dining starting May 31, according to a press release from the governor’s office.
“Lifting these restrictions for restaurants, bars and catering companies will allow these businesses that have been devastated by the pandemic to begin to recover as we return to a new normal in a post-pandemic world,” Cuomo said in a statement on the news.
The move follows months of pushback from restaurant and bar owners across the city, who have been calling on elected officials to lift the state’s midnight curfew. Industry trade groups and local politicians have also spoken out against the curfew, calling it an unfair, “arbitrary” restriction that hampers the ability of restaurateurs to bring in revenue due to earlier cutoff times.
“These outdated policies made it too difficult for too many small business owners and workers to support themselves and their families, and were a grave inconvenience to customers,” Andrew Rigie, the executive director of the NYC Hospitality Alliance, said in a statement. “Lifting these restrictions is an important step forward for restaurants and bars across New York City, and we will continue working with the state to safely and completely reopen our hospitality industry, bring back jobs and sustain vital small businesses.”
The New York State Restaurant Association echoed support for relaxing the curfew and bar seating mandates.
Subway service, meanwhile, is still shutting down nightly between 2 and 4 a.m. Owners have previously questioned how staff can be expected to work once the curfew is lifted without easy access to public transit during overnight hours.
NEW: Beginning May 17, the 12am outdoor dining area curfew for bars & restaurants will be lifted.
The 12am indoor area curfew will be lifted on May 31.— Andrew Cuomo (@NYGovCuomo) April 28, 2021
Reopening efforts in neighboring states, meanwhile, continue to keep pace. In New Jersey, restaurants and bars have been operating without a curfew since February, while Connecticut Governor Ned Lamont recently announced the state’s curfew for restaurants and bars would be extended until midnight beginning on May 1.
As of April 26, the COVID-19 test positivity rate on a seven-day average in NYC was 3.4 percent, according to city data, tracking below officials’ safety threshold of 5 percent. More than 8.9 million New Yorkers — more than 44 percent of the state population — have received at least one dose of the vaccine at the time of publication, according to state data.
This story has been updated with additional comments from industry trade groups.
Cloth face coverings or masks help reduce the spread of coronavirus, especially when combined with physical distancing and frequent hand washing. Starting June 18, Californians must wear face coverings in common and public indoor spaces and outdoors when distancing is not possible. Learn more about the guidance and limited exceptions.
The coronavirus pandemic has shut down or significantly altered most of the economy, testing the resiliency of all San Diegans. Necessary public health measures to prevent the spread of the virus have halted tourism, shuttered restaurants and bars, forced many to work from home, severely limited most businesses from interacting with their customers, and caused unemployment and uncertainty for tens of thousands in the San Diego region.
Temporary Outdoor Business Operation Permit
As a result of state restrictions on indoor activities, the City of San Diego created a temporary program to allow restaurants, retail shops, gyms and fitness centers, barbershops, hair and nail salons and places of worship to operate in outdoor settings adjacent to their businesses including on-street parking, sidewalks, private parking lots and in City parks.
- Proposals for outdoor dining can be submitted on the Development Services Department Temporary Outdoor Business Operation Permit Page. Here applicants can receive technical assistance and more information.
- To learn more about eligibility and apply for a permit to operate in one of the City's many parks visit: Park Permitting for Gyms and Religious Institutions.
Details on what's currently allowed can be found on the County's Safe Reopening page.
Small Business Relief Fund (SBRF)
To ensure the resiliency of local businesses and assist in job retention, the City of San Diego has established a Small Business Relief Fund (SBRF) to provide grants and forgivable or low- to zero-interest-rate loans to eligible small businesses for working capital. Visit the Economic Development Department Business Relief and Support page.
Restaurants React to First Night of Curfew
By Amber Frias &bull Published November 21, 2020 &bull Updated on November 22, 2020 at 9:31 am
Restaurants around the county are finding it harder and harder to survive the pandemic as the state imposes more restrictions.
“We’ve had to furlough employees and then get employees to come back and then do it again,” said Allyson Nckeag, general manager at Cafe Sevilla. “It's been very difficult.”
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It's the latest round of restrictions that has the restaurant industry in Downtown San Diego fearing for their livelihood.
“We just lost an extra hour,” Nckeag said. “And it just means people are not going to be coming out as often.”
Starting Saturday, restaurants must close for dine-in starting at 10 p.m. This part of a state-wide curfew issued by the governor on counties currently in the purple tier.
Currently, Café Sevilla in downtown San Diego only opens for dinner.
“They’ll come out until 7 or 8 p.m. and then they have to be quick, get in and out and head home,” Nckeag said.
The problem isn't unique to them. Restaurants in the area say most customers don't start coming in until later in the evening.
“Generally we’re a late-night place,” said Chase Zellner, assistant manager at Henry’s pub. “People don’t really come here for the food. We have great food, but we’re not really thought of as that type of place. So for us to lose the late night, it definitely hurts.”
Restaurants are still able to do take-out past 10 p.m. but for a lively area like downtown that's not what sells.
“We’re going to go with the flow and adhere to San Diego county, but at the end of the day, I would hope that things go back to maybe a new normal,” Nckeag said. “And hopefully it looks out for restaurants and bars in the future and making sure people are able to survive.”
How Do You Feel About a Curfew in San Diego?
Governor Newsom is considering a statewide curfew as a means to get the surge of COVID-19 cases under control, and here in San Diego restaurants and bars are required to close at 10 p.m.
But do early closure times really help control virus spread?
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There is no scientific evidence pointing to curfews at bars and restaurants effectively curbing the spread of COVID-19, but county data suggests it could be worth a try.
Restaurants and bars account for 174 community outbreaks since March, according to county data, second only to businesses.
So while curfews seem to make sense to the untrained eye, Immunologist Carl Ware knows it’s not that simple.
“It may have an impact. It might have a 5% impact. You know, it’s not gonna solve the entire problem. So that’s part of the issue, is trying to literally plug all these routes of viral spread," said Ware.
Chris Shaw and his partners own five businesses in Hillcrest, including Gossip Grill, Urban Mo’s and Hillcrest Brewery Company. All of them have suffered during the closure and changing restrictions, but he still supports an earlier closing time for his bars, clubs and restaurants.
“They have a couple of cocktails, they make riskier behavior. And they tend to go out with different groups of people as well,” Shaw said.
Shaw knows as well as anyone that tighter restrictions have negative side effects. He had to lay off 90 employees.
“So they’re struggling with less hours because of the curfew. They’re struggling with less tips because we don’t have as many customers coming into restaurants,” he explained.
Reducing hours is just a small piece of controlling the pandemic, according to Ware. In the end, he said it’s up to everyone to do their part.
“In that situation no matter what, it’s a personal choice. If you’re gonna go to a bar and party and laugh and spread potential aerosols that can infect people,” he said.