The owners of Rain Restaurant and Lounge, 10418 Main St., had a vision for something they say the City of Fairfax has never seen. Instead of a typical suburban food and entertainment venue, the owners wanted to bring VIP nightlife and eclectic food to the small city.
That is what they did, but they suspect their initial success may have been to their own detriment, said owners John Croce and Fito Garcia. Lines wrapped around the corner and Rain Lounge and Ballroom, as it was previously called, quickly gained popularity. Business is still booming, but the business’s relationship with the city is not.
"The goal is to get them operating legally and in the bounds of our ordinances," said Mayor Robert Lederer.
The City Council unanimously denied Rain’s application for a dancing and entertainment special-use permit, Tuesday, June 12. Council members expressed frustration with the business due to several zoning citations issued to its owners in recent months.
LEDERER SAID the council obviously didn’t feel comfortable with granting the permit, mainly because of the negative impact to neighboring businesses and because of the repeated violations of the zoning ordinance.
"The Council determined they hadn’t been operating in accordance with the application they had filed, let alone the one they were seeking," said Council member Jeff Greenfield. But Garcia, one of Rain’s owners and the primary applicant named on the application, said Rain is a great neighbor to surrounding businesses. Garcia obtained signatures of support from six businesses located in close proximity to Rain that he plans to present to the City Council before Rain reapplies for the permit or appeals the denial. In the petition, the six business owners affirm their businesses haven’t experienced negative impacts because of Rain and that any minor concerns brought about by Rain were resolved "in a timely manner." The owners of T.T. Reynolds, Havabite Eatery, Executive Printing, Royal Gas Station, Victoria’s Cakes and Sign-a-Rama all signed the petition.
As for the three tickets the zoning department issued to the business March 9, March 29 and April 30, Garcia said his attorneys advised them not to pay the fines because not paying them was listed as a way to appeal the tickets. They wanted to appeal, because they didn’t think they had done anything wrong, he said. The eventually paid the fines on May 22.
WHEN RAIN'S OWNERS received their occupancy permit in January, they were told they could operate as the previous tenant, Monsoon Restaurant and Banquet Hall, did, Garcia said.
"All we did is exactly what we were told to do," said Garcia.
But while Monsoon may have been operating with dancing and entertainment, the business never obtained a permit to do so. Garcia gathered proof it operated with dancing and entertainment by obtaining copies of flyers and advertisements for shows and special events that took place at the business. The city, however, has no record that Monsoon operated with such uses, according to the June 12 staff report.
That’s where the confusion was in the initial approval for a nonresidential-use permit, Garcia said. He and the other owners thought the city granted permission to operate just as Monsoon operated.
"When you buy a business and they’re operating a certain way and have never had a ticket, you would assume you could do the same," said Garcia.
The staff report, however, indicates that the Jan. 26 nonresidential-use permit specifically notes that dancing and entertainment was not a permitted use. According to the report, staff reminded the applicant in writing Feb. 1 that Rain could only operate as a restaurant, meaning the establishment violated that law by providing dancing and entertainment.
Dancing and entertainment can only be an ancillary use to a restaurant under the City Code and because the Department of Planning and Zoning has determined Rain was operating primarily as a nightclub, according to the June 12 staff report, city staff recommended the denial of the special permit.
"The dominant use has been dancing and entertainment," said Nick Colonna, senior planner with the Department of Community Development and Planning.
HOWEVER, GARCIA said the restaurant operates for a total of 107 hours per week, 14 of which — or 13 percent of the total time open — would be for dancing and entertainment. He also said the owners spent more than $150,000 to renovate the kitchen and install top-of-the-line equipment.
"Why would a nightclub need $150,000 worth of kitchen equipment?" he said.
The dancing area cannot exceed 25 percent of the gross floor area of the establishment, under City Code, "including any area used to provide music for dancing." Currently, the restaurant is separate from the lounge.
The owners changed the name from "Rain Lounge and Ballroom," to "Rain Restaurant and Lounge," after zoning administrator Michelle Coleman told them the name suggested that a nightclub was the primary use, said Garcia. They have also implemented a food delivery service to local businesses and residents, including a take-out menu distribution throughout the area.
"We’re doing everything above and beyond what we’re supposed to do," said Garcia.
The staff report also states that the need for increased police presence outside of Rain has negatively impacted local businesses. After the newness of the business wore off, the abnormally large crowds dissipated, said Garcia.
Garcia said city officials have unofficially complained about the clientele at Rain, so owners have revamped security measures. The business requires a cover charge during evening hours as a way to ensure a more upscale clientele. Rain hired extra security staff and implemented a closing method that encourages patrons to leave over time, rather than all at once.
"There have been fewer crowd problems in the past 30 days and these measures may certainly have contributed to that decline," wrote Col. Rick Rappoport, the city’s police chief, in a May 15 e-mail to Garcia.
Rappoport also wrote that the police department would contact Rain’s owners if any problems arise related to the business or if the department has any specific suggestions for the business’s security actions. As of June 23, Garcia said the police department has not contacted him with any new concerns.
Garcia and Croce feel their business is being unfairly targeted, but they now want to do whatever they can to comply with the City Code. They also want the city to know that Rain wants to be a long-term business within the city and it wants to be an asset to the community.
From here, Garcia hopes to work out the kinks in the special-use permit application under Coleman’s direction and he’s optimistic the city will see his business as a friend and asset in the near future.
"You could fight the city or work with the city and we want to work with the city," said Garcia. "Michelle [Coleman] is helping to get us in compliance with everything."