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Breaking News: The Birdland Jazzista Social Club is now happening at Café Yesterday, 1122 University Avenue (across the street from the Holiday Inn Express) in Berkeley. The new venue opens its doors on Friday, August 12 at 8 pm; for more details, visit the Birdland website.

The popular renegade Birdland Jazzista Social Club in Berkeley was shut down Friday, July 29 by the Berkeley police department, and the weekend's 2011 "Unofficial, Uncensored, Unplugged Pinoy Jazz Festival" was cancelled on the day of the show.

The heavy-handed response by Berkeley officials and police is the latest round in a contentious relationship between the city and the after-hours jazz and BBQ venue, which has been gaining popularity around the East Bay for its friendly blend of local jazz and Southeast Asian-inspired BBQ.

According to reports, the main sticking points between the venue and city officials are "food service at a non-permitted event that's open to the public, sidewalk encroachment, [and] amplified sound indoors and around the exterior of the building."

"They just photocopied the same citation that was issued in January, 2011, and wrote 'second notice,' on it," owner Michael Parayno told the East Bay Express.

The venue was also slapped with a $5,500 per day fine... significantly more than the initial $500 fine the club received last year.

A Personal Vendetta?

"I really think this is a personal vendetta by code enforcement," Parayno was quoted by the Express.

Meanwhile, "this latest action by the Code Enforcement Unit is nothing more than a retributive vendetta against a place which has brought nothing but positive attention to the city of Berkeley," the club posted on its website.

"What makes this latest action so puzzling is that Birdland has made concerted efforts to be in compliance with city code — at least the parts of it which are clearly-definable and not based on subjective criteria. Following the initial Notice of Violation, Birdland reorganized as a private social club requiring membership sign-up and discontinued the practice of serving free food to passers-by. This action alleviated the majority of compliance issues."

Parayno reportedly notified Berkeley city officials of the changes at the venue, but claims he never received any response. Then, on the day of the festival, he spotted a city vehicle driving towards the venue... and the party spot was issued a notice to stop its planned Filipino Jazz Festival only a few hours before the music was set to begin.

An Oasis of Music in the Heartland of Berkeley

Among the musicians Birdland has featured since its opening last year include Grammy-nominee John Santos, Latin jazz master Ray Obiedo, bluesman Lloyd Gregory, guitarist Calvin Keys, and Berkeley High School alumni Dayna Stephens, Billy Buss, and Josh Jones.

In addition, Birdland has been a consistent platform for up-and-coming musicians in the Berkeley High School jazz program, and has showcased a musical diversity that includes Afro-Latin, Brazilian bossa nova, Cuban son, klezmer, and gypsy jazz.

While aggressively challenging the city citation, Birdland is also keeping an eye towards the future with plans to convert the Friday night gathering into a non-profit foundation which promotes and supports the development of jazz culture, food, and other cultural arts such as photography.

The venue has received numerous pledges of legal and community support for its efforts, and is asking the City Council for a public hearing to receive a variance that will allow Birdland to continue its Friday night events.

For more information, along with a list of contacts for the City of Berkeley, visit the Birdland Jazzista Society website.