SF punishes club for trouble, despite allegation of racial bias

Allie Arnold dances at Hue Lounge and Nightclub in the early hours of Sunday, July 23, 2017, in San Francisco. The owner of the North Beach nightclub says that police and neighbors unfairly target the club. Allie Arnold dances at Hue Lounge and Nightclub in the early hours of Sunday, July 23, 2017, in San Francisco. The owner of the North Beach nightclub says that police and neighbors unfairly target the club. Photo: Noah Berger, Special To The Chronicle Photo: Noah Berger, Special To The Chronicle Image 1 of / 9 Caption Close SF punishes club for trouble, despite allegation of racial bias 1 / 9 Back to Gallery

The San Francisco Board of Appeals upheld a decision to restrict the license of a North Beach nightclub, a move that the owner said stemmed from neighbors and police unfairly targeting the club because of its primarily African American clientele.

Hue Lounge and Nightclub at 447 Broadway must cease playing live music at midnight and add more staff to the bottle-service area of the venue, terms the city’s Entertainment Commission set in June following complaints from residents, nearby businesses and the police officers of Central Station.

In addition, the Board of Appeals ruled Wednesday that Hue’s management must work with the Entertainment Commission to set a new noise level that would be satisfactory to neighbors who have filed complaints.

Bennett Montoya, Hue’s owner, said his establishment dealt with similar issues as other businesses that serve alcohol, but came under heavier scrutiny because of its black patrons. Officers, he said, told him that he should reconsider hip-hop music night, while residents at community meetings spoke about how his club was attracting “those people” or “the wrong crowd.”

When the state Department of Alcoholic Beverage Control got involved, accusing the club in 2015 of running a disorderly house and suspending its liquor license for 45 days, Montoya appealed the decision. Administrative Law Judge Sonny Lo issued a ruling that supported some of Montoya’s claims.

“We believe the appellant has made a strong case that it was targeted for more enforcement than other establishments in the Broadway area by the SFPD,” the ruling stated.

The NAACP and the San Francisco African American Chamber of Commerce weighed in, saying San Francisco had for years failed to support black residents and businesses.

But police and neighbors said race played no part in their complaints about noise and heavily intoxicated people causing disturbances.

Fights consistently spilled out of the club, and from August 2015 to May 2017, police responded to 65 separate calls ranging from noise complaints, public intoxication, fights, assaults, battery on a police officer and resisting arrest. Cmdr. David Lazar, who served as Central Station captain from 2014 to earlier this year, said that in at least two incidents, officers were injured.

Police and other business owners tried unsuccessfully to work with Montoya to improve conditions, said Dominic LiMandri, manager for the Top of Broadway Community Benefit District. He said neighbors had worked hard to clean up Broadway, a corridor long known for after-hours trouble.

Under the ruling, the Entertainment Commission is set to review the club in six months and determine if its original permit can be reinstated.

Vivian Ho is a San Francisco Chronicle staff writer. Email: vho@sfchronicle.com Twitter: @VivianHo