SAN JOSE, Calif. (KRON) – Getting rid of a nuisance — The city of San Jose takes a bold step to shut down a business where the city says, drugs and prostitution run rampant.

The city recently filed a lawsuit asking a judge to close down the Agave Sports Bar.

The site was the scene of a fatal crash last month and one police in the South Bay are familiar with.

City leaders say this has been something years in the making.

In the lawsuit filed by the city’s attorney, it claims the Agave Sports Bar inappropriate and illegal activity is not only a danger to the public, but it’s also draining police resources. 

After years of complaints, calls and concerns, San Jose is looking to turn off the lights for good at the bar and grill.

The city has filed a lawsuit against the owners of the bar, claiming it’s a public nuisance.

San Jose City Councilwoman Devora Davis says the move has been years in the making.

“PD has been working with the city attorney’s office at least for a couple of years. We’ve been working with PD on this site for many years, I would probably say at least four,” Devora Davis said.

In its lawsuit, the city claims the business encourages prostitution, allows customers to drive away while intoxicated, and violated health orders aimed to limit the spread of COVID-19.

Davis, who represents the district the bar is located in, also says there are issues with drugs.

“There have been noise complaints with the neighbors. There have been complaints about potential drug issues,” Davis said. “We’ve had a lot of calls from neighbors and a lot of calls for service at that site. It’s definitely been an ongoing issue.”

The move comes more than a month after a deadly crash at the bar killed a woman, and injured two others.

Investigators say 32-year-old Alex Moreno was under the influence of drugs and alcohol when he crashed his truck into a group in an outdoor dining area killing Diana Prieto, a worker at the bar.

Detectives say shortly before the crash, Moreno received oral sex from a woman in the truck.

“I don’t think we had any confidence that any of the issues were being remedied, that it was going to continue becoming an issue,” Davis said.

In the lawsuit, the city claims the establishment is also draining police resources with the number of calls.

Since December, city officials claim officers have responded to reports of fights, drugs, weapons, and gunfire.

Manuel Andrade Trujillo and Lady Lizcano are listed as the owners of the bar.

In addition to Agave, the lawsuit also seeks to close a second restaurant owned by the pair called Meli’s.

KRON4 did reach out to the owners for comment on the lawsuit, so far we have yet to hear back.