A Fairfax couple succeeded in keeping the 7-Eleven store next to their house from remaining open all night; but now the store's owner has banned them from his premises.

Rajiv Uppal, who owns the 7-Eleven store at 150 Bolinas Road, adjacent to the home of Peter and Misty Moreno, has told the Morenos to keep out of this store and his other 7-Eleven at 2402 Sir Francis Drake Blvd. in Fairfax, or risk trespassing charges.

Uppal said he issued the edict after Peter Moreno threatened him.

The two antagonists exchanged words on Nov. 7 after the Fairfax Town Council finalized its decision to revoke the 150 Bolinas Road store's conditional use permit allowing it to remain open 24 hours a day.

"We were walking out, and he just came up to me and threatened me," Uppal said. He declined to provide any detail about what Moreno had said.

Misty Moreno said her husband told Uppal, "If you want to talk, you know where I live. There were no threats. It's just not our style."

Fairfax Police Chief Christopher Morin said Uppal reported the incident and his department investigated.

"Raj took it as an implied threat, kind of like a challenge to fight," Morin said. "We felt the elements hadn't been satisfied for any type of real credible threat. The report didn't proceed anywhere."

Morin said at Uppal's request Fairfax police officers informed the Moreno's that they are banned from Uppal's 7-Eleven stores, "and if they did come in they could be subject to a trespassing violation."


Advertisement

Sammy Kashyap, the cashier at the Bolinas Road 7-Eleven, said, "It's our right to refuse service to whomever we like."

Moreno said two of her neighbors -- Michelle Garcilazo and Meggan Canela -- told her that they and their families had also been banned from Uppal's 7-Eleven stores. Moreno said the two women attended recent Town Council meetings to bolster her complaints about the noise coming from the store at night.

But Kashyap said only the Moreno's are subject to the ban.

The town's Planning Commission granted the conditional use permit in May 2011. In order to secure the permit, Uppal complied with a long list of conditions, which included banning alcohol sales at the store after midnight and installation of a video camera to provide surveillance of the 7-Eleven's parking lot.

After much deliberation, however, the Town Council decided to reverse the Planning Commission's decision after the Morenos complained that light and noise from the store were interfering with their sleep.

Uppal said beginning Dec. 1 the Bolinas Road store will begin operating from 6 a.m. to midnight. Uppal's 7-Eleven at 2402 Sir Francis Drake will continue to remain open around the clock. Uppal said he isn't sure if the Town Council's decision will be challenged in court.

"It's up to 7-Eleven and its attorneys," he said.

Bridget Lee, who lives across the street from the store, said she will be sorry to see the 7-Eleven convert to more limited hours.

"I like the store being open. It's like 24-hour security for me. I feel like somebody is always watching," Lee said. "Before when they closed down, everybody hung out there. You heard loud fights. But since the store has been open it's been so quiet."

Contact Richard Halstead via e-mail at rhalstead@marinij.com.