In the summer of 2009, the Larchmont Bungalow signed a legal affidavit promising the city that the eatery would have “no seating for dining.” When they opened in October 2009, Bungalow did have seating and so their permit was revoked.
Instead of working with the Department of Building and Safety to bring the establishment into compliance with the law, Larchmont Bungalow chose to avoid the city’s criminal charges by having their attorneys file the equivalent of a civil suit, challenging the grounds on which the DBS revoked the permit.
Larchmont Bungalow stated in a paid ad that it is in full compliance with the law because it packages all its food in to-go containers. Everyone in the neighborhood can see that the majority of their customers are not taking their food to-go, but are seated while eating $22.95 filet mignon and $21.95 seabass dinners with proper cutlery. Even the health department has formally noted in its documents that Bungalow is serving more than sixty people and has a seating capacity that is incongruous with the original plans submitted to and approved by both the city and the county.
In a meeting with the local community, the owners stated that Bungalow is operating as a furniture store and that they have receipts to prove it. They avered that Bungalow is NOT a dine-in restaurant.
In their March 22, 2011 reply brief in the civil suit, the Bungalow’s lawyers stated:
No seating “for dining” is provided at Larchmont Bungalow. Customers order from a counter and are provided their food purchases in disposable containers. Some customers choose to remain on-site to enjoy their food purchases and Larchmont Bungalow provides seating for those customers…
Yet in the Groupon and Living Social deals that Larchmont Bungalow has run (involving 8,177 coupons since February 2010), the stipulation for use of those coupons is very clear. FOR DINE-IN ONLY. COUPON NOT GOOD FOR TAKEOUT.
4,417 Groupons purchased on February 8, 2011
Expires August 8, 2011
1,863 Living Social coupons purchased on December 10, 2010
Expires June 10, 2011
1,556 Living Social coupons purchased on July 27, 2010
Expired January 27, 2011
341 Living Social coupons purchased on February 25, 2010
Expired August 25, 2010
Total: 8,177 coupons since February 2010
Larchmont Bungalow filed its civil case against the city in February 2010, which it lost in December 2011. This clears the way for the criminal trial.
LINKS TO RELATED ARTICLES:
City’s Criminal Case Against Larchmont Bungalow
Application for a Mini-Mall in Larchmont Village?
Health Department’s Official Inspection Report
Bungalow Calls LAPD to Arrest Reporter
Larchmont Bungalow: Furniture Store