12 MONTEREY COUNTY WEEKLY FEBRUARY 26-MARCH 4, 2026 www.montereycountynow.com In the 1990s, city officials decided the village of Carmel-by-the-Sea could only tolerate so many drinking establishments—businesses whose primary purpose is serving alcohol—to preserve the city’s character. That number, debated at the time and still a source of tension, was three. The locations selected to receive the permits have changed very little since their inception and housed Barmel, Sade’s Cocktails and A.W. Shucks (formerly Maxwell McFly’s). In the past year, that exclusive list has seen a shakeup. Today, A.W. Shucks operates as a full-service restaurant, with most of its revenue, roughly 5-to-1, coming from food sales rather than alcohol, according to co-owner Karen Basi during a Carmel Planning Commission meeting on Oct. 11. Over the past eight months, the use permit—which runs with the property, not the business owner—has come into question. Planning commissioners have debated whether the landlords should retain the permit if the business continues operating in its current form. On Wednesday, Feb. 11, when the Planning Commission discussed the issue for the fourth time, commissioners determined the landlords had abandoned the use permit. They voted 4-1 (with Commissioner Erin Allen dissenting) on a resolution giving the business owners six months to either scale back restaurant operations and convert back to a drinking establishment, or surrender the permit. “I love the food and service at A.W. Shucks. I’ve been a regular customer for many years and was at Maxwell McFly’s back in the day,” Commissioner Stephanie Locke said. “When McFly’s changed to A.W. Shucks and added food service, it changed from a smelly cigarette-filled bar to a great restaurant over the years. But it’s not a drinking establishment. It’s not a bar.” John Plastini, who represents landlord TSD Carmel Properties, argued that removing the use permit would affect the property’s value, and said the A.W. Shucks owners had relied on city officials’ communication to ensure compliance. “Our tenant purchased it in 2023 for a significant amount of money,” Plastini said. “That use permit is worth about $250,000. When we market and lease the property, everyone knows that. We followed the rules and acted in good faith.” The lease with A.W. Shucks ends in nine years, with an option to renew. Parties have until Feb. 27 to appeal the decision to the City Council. Commissioners maintained their position that the city should allow only three drinking establishments rather than add a fourth permit. If this decision is upheld, the use permit could become available to other applicants in six months. “In this case, the City acted with misdiscretion in continuing to approve a full-line restaurant,” Commissioner Michael LePage said. “But as a planning commission, we are not bound by those decisions. This business is operating as a restaurant. What we’re proposing is not a taking. It’s our responsibility to make decisions on what the land use law says.” Shake and Stir For the first time, one of Carmel’s three drinking establishment use permits may be available. By Katie Rodriguez A.W. Shucks received one of only three use permits for drinking establishments in Carmel back in the 1990s. The Planning Commission decided on Feb. 11 it is a restaurant, not a drinking establishment. NEWS “It’s not a drinking establishment. It’s not a bar.” DANIEL DREIFUSS Hernandez v. County of Monterey is a class action lawsuit about conditions at the Monterey County Jail (the “Jail”). In September 2023, the Court found the Jail’s health care provider California Forensic Medical Group, Inc. (“CFMG”) in contempt for violating Court orders about medical, mental health, and dental care. CFMG has agreed to pay $2,470,000 to people incarcerated at the Jail from May 27, 2016 to December 31, 2025 (the “Settlement Period”) to compensate for its violations of Court orders about minimum standards of care at the Jail. This settlement is only about CFMG’s liability for contempt for violating the Court’s orders. The settlement does not compensate people for personal medical conditions, and it does not affect any individual claims you might have about health issues or injuries you may have experienced at the Jail. Administration costs will be paid from the settlement amount. If you were incarcerated at the Jail between May 27, 2016 and December 31, 2025, you can submit a claim online at www.MontereyJailSettlement.com. To receive money, you must make a claim by April 20, 2026. If you were incarcerated during this period and are currently incarcerated, you can request that the money be sent to an address outside the Jail. HOW MUCH MONEY WILL I RECEIVE? It is estimated that the minimum amount each person will receive may be as much as $110, depending on how many valid claims are submitted. This minimum amount will be the full payment if you were incarcerated for 10 days or fewer during the Settlement Period. If you were incarcerated for more than 10 days, you will receive an additional payment based on the number of days you were incarcerated. The exact amount that each person receives may be changed by a further order of the Court once the number of valid claims is known. HOW CAN I LEARN MORE AND SUBMIT A CLAIM? For more information, go to the settlement website at www.MontereyJailSettlement.com. The website has links to the complete settlement documents and a form for you to submit a claim. You can also call 833-319-5926 or contact the attorneys who represent incarcerated people in this case at Rosen Bien Galvan & Grunfeld, LLP, P.O. Box 390, San Francisco, CA 94104. WWW.MONTEREYJAILSETTLEMENT.COM 833-319-5926 NOTICE OF SETTLEMENT AND CLAIM PROCESS CFMG Contempt Fines – Hernandez v. County of Monterey If you were incarcerated at the Monterey County Jail between May 27, 2016 and December 31, 2025, a settlement may provide you with money. Please read this notice to learn more and submit a claim.
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