Gringo’s Cantina and Nightclub downtown can temporarily continue late night alcohol service after 13th Circuit Judge Perry Gravely stayed the city of Greenville’s revocation of the Cantina’s special exception permit.
According to city documents, Gringo’s lost the permit in May. That’s when a pair of undercover Greenville police officers, acting on a tip from neighbors, separately walked into the two-story cantina late the night of May 15, ordered food, and were told no food was available.
As a result, the city revoked the special permit that, according to city staff, allows Gringos to serve alcohol from midnight to 2 a.m. as long as food service is available to patrons.
Judge Gravely’s stay means Gringos can resume that service, said Matt Johnson, the Cantina’s lawyer.
“It’s a victory — a very temporary victory,” Johnson said on June 29. “We’re open from 12 to 2, consistent with the permit, and we will continue to serve our customers as long as we can. But, we have more work to do.”
The backstory:
The cantina on June 10 appealed the revocation to the city of Greenville Board of Zoning Appeals, which voted 4-0 to uphold it despite a request for a continuance from Johnson, who appealed the revocation to the 13th Circuit on June 11.
The revocation forbid Gringo’s from staying open after midnight, leaving Johnson to question whether it would put the Cantina out of business.
“Give us some time to work with staff and come up with something that makes sense,” Johnson asked the board on behalf of Gringo’s. “Something that’s good for the city and good for Gringo’s and frankly, good for the local community. A lot of people love Gringo’s … and want to continue going.”
“Keep in mind where we’ve been as a community — coming out of COVID — restaurants were hit hard,” Johnson told the board while calling into question the precise language of the permit.
“[The owner] never said the kitchen would serve food until 2 a.m., every day. He said, ‘We’ll keep the kitchen open until it closes,’ and the permit does not specify it,” Johnson said. “It’s a gray area.”
But Gringo’s, surrounded by luxury residential condos and apartments, faces an uphill battle with some neighbors who complained to board members during public comment.
“Good tacos … but it’s loud, noisy and disruptive, we feel, to the neighborhood,” said Lance Renault, who lives at 155 RiverPlace across the street from Gringo’s and is a member of the homeowner’s association.
Kenneth Jones, 122 Rhett St., said Gringo’s operates more like a nightclub than a restaurant and that the neighborhood is “not suitable for a nightclub.”
“How long are we going to keep putting up with this?,” he asked.
Johnson acknowledged the concerns and “everyone’s deep feelings on whatever does or does not happen at Gringos,” but asked the Zoning Appeals Board to stay focused on the business at hand while pointing out that several neighbors have emailed city staff in support of the business.
“We’d like to work it out if we can’t get a favorable decision from you, now,” Johnson told the board on June 10. “I want to make sure you (the board) make a decision based on actual evidence.”
What’s next:
13th Circuit Judge Alex Kinlaw Jr. will hear the merits of Gringo’s appeal on August 3.
