No alcoholic drinks past midnight at Court Center bars, Des Moines zoning board decides

Francesca Block, Des Moines Register
·4 min read
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Riddled by reports of violence, the bars and nightclubs at Court Center LLC in downtown Des Moines are no longer allowed to sell alcohol after midnight, the city's Zoning Board of Adjustment had decided.

Deputy Director of Neighborhood Services SuAnn Donovan raised the review of the popular nightlife hub's conditional use permit after the Des Moines Register reported that records showed over the past five years 60 calls were made to police to report assaults originating from the building at 216 Court Ave.

This year through Sept. 9, 16 more assault reports prompted police responses to businesses at Court Center LLC. Two of those assaults involved the use or display of a weapon.

The city issued Court Center's conditional use permit in 2007 to operate a bar and sell liquor for the entire building, rather than for each individual tenant.

The board decided on Wednesday to align with the city's recommendation to keep the conditional use permit for the whole building, adding further restrictions regarding when establishments inside can serve alcohol and requiring the building owners and each tenant to install security cameras in the exterior and interior of the building and post signs telling visitors they are being recorded.

The other conditions of the permit include:

  • Maintain proper lighting in parking spaces.

  • Comply with city noise ordinances.

  • Post 24-hour management contact information in the entrance.

  • Place no-loitering signs.

  • Oversee proper trash receptacle placement and cleanup.

  • Ensure all those entering the building provide proper identification.

The permit will be up for reconsideration in one year to allow the owners of Court Center to prove that the building has made improvements in managing the city's safety concerns. If the city finds the building in violation of the terms, its staff can bring the permit back up to the board for reconsideration.

Five members of the board voted in favor of the amended use permit, while board Chairman Mel Pins voted against it, saying a midnight closing requirement was too harsh.

Board member Dave Gaer voted in favor of the new permit, but he expressed concerns the board was not going far enough in preventing future crime and mismanagement at the property.

"I think you're hardly even slapping their hand. … I'm not convinced this is going to change anything." Gaer said of Donovan's initial recommendation, which did not include the alcohol sales restriction.

Donovan presented data at Wednesday's hearing showing there have been more than 60 calls to police so far this year originating from Court Center, ranging from disorderly conduct and assault to attempted murder and indecent exposure.

"I was relatively shocked when I read the police reports," Donovan said.

Alex Johnson, a lawyer for the building's ownership group, argued it is difficult to attribute crimes to specific bars. However, he said the owners of the building acknowledged the space had problems, and he argued they were working with the city to seek solutions.

"It's the entertainment district of Des Moines, and they want to make sure that it is respected and seen in a positive light," he said.

Larry Smithson, owner of The District Bar and Grill, within Court Center, expressed displeasure at the board's decision, despite calling the building a "hell hole" and criticizing the ownership's mismanagement. He said the alcohol sale restrictions would punish the "good" actors in the building rather than directly address his landlord's shortcomings.

"It's the dumbest thing I ever heard," he said. "You can't run a nightclub in an entertainment district and quit selling liquor at midnight."

Future of Court Center LLC remains in limbo

Since the city brought into question Court Center LLC's conditional use permit, three of seven bars have already shut down, and two more are likely to leave soon.

Beer Can Alley and The Exchange, both on the third floor of the building, closed before the meeting, on Nov. 26. Beer Can Alley, a country-themed bar, and The Exchange, a tech-themed nightclub, had been in the building for over a decade.

In addition, Shag's, a nightclub on the building's second floor, faced a 14-day liquor license suspension and a fine after at least one person exposed themselves and performed a sexual act at the bar in September. The building's owner, Jeff Hassman, also owned and operated the nightclub, which opted not to reopen after serving its suspension, according to Johnson.

Johnson said that two other tenants in the building, Suite 203 and Chummy, are unlikely to maintain their leases in the building.

Smithson said he has not decided whether to renew his lease but indicated he is developing his own solution to try to keep his bar in business.

Hassman, the building's owner, could not be reached for comment. During the meeting, his lawyer claimed the ownership group is developing a new plan for the space in line with what he deemed "the city's vision."

"We're making changes based on the recommendations you have before you to hopefully create a better space," Johnson said to the board.

Francesca Block is a breaking news reporter at the Des Moines Register. Reach her at FBlock@registermedia.com or on Twitter at @francescablock3.

This article originally appeared on Des Moines Register: Future of Court Center in limbo after new zoning board requirements