The Hermosa Beach Planning Commission voted to host a public hearing to discuss whether to modify or revoke the conditional use permit of Dano’s restaurant. The vote was 4-1. Any commission vote serves as a recommendation to the City Council which saves final judgment on any issues.

In a related matter, the Alcoholic Beverage Control may conduct its own investigation into the matter, which could lead to the revocation of Dano’s liquor license.

“We are aware of a situation there at Dano’s,” said ABC representative Ed Mimiaga. “We are looking into the matter right now but we still don’t have any final results. We will take a look into the situation to see if it does call for action against the licensee or if we should make a record of the incident if it should occur again.”

The Planning Commission agreed to host a public forum at the request of Police Chief Mike Lavin who expressed his concern about the establishment, citing several incidents occurring in recent months.

“It is my assertion that Dano’s is catering to a clientele that has engaged in some dangerous, unruly and boisterous activities,” said Lavin. “I don’t feel that Dano’s is providing the proper type of staffing, management and supervisory techniques to prevent the problems that have occurred.”

According to Community Development Director Sol Blumenfeld, this is the first time a chief has exercised his right to request a review of a CUP during his tenure. Blumenfeld has been with the city since 1994.

According to a provision in Dano’s CUP, “The Police Chief may determine that a continuing police problem exists, and may authorize the presence of a police-approved doorman and/or security personnel to eliminate the problem, and then shall submit a report to the Planning Commission, which will automatically initiate a review of this conditional use permit by the Commission.”

A fight erupted inside the restaurant Dec. 29, 2002, at 1:04 a.m. An estimated 60 people were involved in the fight which police defined as a small riot. The Hermosa Beach Police Department asked for mutual aid from both the Manhattan Beach and Redondo Beach Police departments.

“We also received aid from officers who were luckily deployed that evening with the South Bay Regional DUI Task Force,” said Lavin. “It is unusual for our police department to request mutual aid especially for a fight situation. I don’t believe that we have had to call in mutual aid for any of the other businesses in the downtown area. While none of our officers were hurt, one of the assisting officers who responded did suffer some minor injuries.”

Owner Dano Miller described the incident quite differently, saying the fight only involved a few people and took place outside the restaurant.

“It started out on the patio with a few members of a family and spilled out onto the city sidewalk. That’s all there was to it,” said Miller. “The incident was overblown and the evening was very mellow until last call when a couple of family members began mixing it up.”

Three people were arrested that night after one man picked up a 70-pound table and threw it at an officer. The second man, weighing about 215 pounds, refused to stop fighting. Police eventually detained him and he then kicked out the rear passenger window of a patrol car. Police also arrested a minor.

“A 17-year-old subject was also taken into custody at this location,” said Lavin. “Why was a 17-year-old there in the first place? I, along with the members of the department, have spoken with the management of Dano’s about these conditions and we feel as though we receive only lip service to our requests. It is my hope that Dano’s will change its business practices to create a safer environment for all concerned.”

Commissioner Pete Tucker was the lone dissenter on the matter and said this review would make it more difficult for Miller to sell the business. Rumors of such a sale have circulated but it has yet to be confirmed.

“If the place is in the process of being sold and a new owner will be coming in, I think we should treat it in the same way we did with Einstein’s,” said Tucker. “I would like to avoid any new owner going through this with the police and wasting staff time if this will all go away with the new owner anyway. If the owner can produce the documentation that someone wants to buy the establishment then I’d hate to put the sale in jeopardy and have it end up being another Ibiza.”

Miller and his brother Pat, who acts as the establishment’s manager, said the incident was blown out of proportion. The Millers have been restaurateurs for more than 20 years in the South Bay.

“I absolutely regret that this ever happened,” said Pat.