Following Fight, City Seeks to Close Mexico Lindo

Following a and citing a laundry list of other violations, the Fredericksburg City Council is considering taking a number of actions against the Mexico Lindo restaurant and nightclub designed to either close the business entirely or limit its operations.

Currently, the establishment is closed pending payment of its business license tax, a fact discovered by police in the aftermath of last week's fight. 

A memo distributed to members of the City Council in advance of next week's regular session lays out the case against , which is owned by Two Brothers, Inc. According to the memo, police have responded to 10 assaults at the establishment in the last 15 months. During that time, five individuals have been arrested for public intoxication either in or near the premises. There have also been two Alcohol Board of Control violations for operating after hours, and three narcotics offenses. In all, police have responded to the establishment more than 90 times in the last 15 months. The memo also lays out numerous violations of the city's fire, zoning, tax and building codes in that time. 

"The adverse effects of the operation of the Mexico Lindo business reach beyond the walls of the business and it's near neighbors," reads the memo. "The continuing pattern of criminal and safety code violations associated with the business have become so great and extensive as to constitute and public annoyance and inconvenience, and a wrong against the community."

If approved, city officials will asking the circuit court to declare Mexico Lindo a public nuisance and close the business. This process could take some time to play out, providing for a 21 day period for the business to respond to the charges and the scheduling of a court date. In the interim, and if Mexico Lindo gets up-to-date on its business license and reopens for business, the city would try to more strictly limit and regulate its operations as well as petitioning the circuit court for a temporary suspension of Mexico Lindo's ABC license. 

The interim measures would limit Mexico Lindo's hours of operation to between 11 a.m. and 8 p.m., force compliance with maximum occupancy laws, require staff to maintain a count of patrons in the establishment, require the posting of three uniformed and certified Department of Criminal Justice Services security officers for every 100 patrons in attendance and paying the costs of law enforcement and fire services responses to the business.

The move to seek a suspension of the establishment's ABC license is a relatively new authority granted by the state to localities. Virginia Beach and Danville have used the process to deal with problem bars. Under this tack, the city would ask the circuit court to suspend Mexico Lindo's ABC license. A hearing would be held within 10 days of the city's petition to the court to weigh on the matter. Following that, the ABC board would hold a hearing to determine the fate of Mexico Lindo's ABC license. 

These measures could all be rendered moot, however, if Mexico Lindo's landlord has his way. According to the memo, the landlord is seeking a civil court action against Mexico Lindo to evict the restaurant.

Police say that businesses which consistently are the source of public disturbances can find themselves under a microscope if they don't clean up their act.

"If you shine a spotlight on yourself because you are causing problems, then we are certainly going to take that opportunity to take a look at every aspect of your business to make sure you are in line," said Bledsoe.