CITY OF SAN MARCOS
Downtown bars Rooftop on the Square and the Aquarium, located at 126 S. Guadalupe St., have lost their ability to serve alcohol for at least six months. The denial comes after a 20-yearold, who was arrested in relation to the downtown shootings last Halloween, told police he had been drinking at Rooftop on the Square while possessing his gun the night of the shooting, as well as other recent issues cited during the discussion at city council.
The San Marcos Planning and Zoning Commission recently denied the renewal of the establishment’s Restaurant Conditional Use Permit, which allows for the sale of alcoholic beverages. The Rooftop and the Aquarium operate under the same CUP, according to Russell Wilde, a spokesperson for the city of San Marcos.
The Planning and Zoning Commission recommended that the city council deny the CUP. At the Feb. 3 meeting, the City Council decided to vote on an amended four-month approval of the CUP. Because of the P&Z recommendation, a supermajority of at least six affirmative votes was required for the approval to pass. The motion only received five votes in favor, with Council Members Matthew Mendoza and Lorenzo Gonzalez casting the dissenting votes.
City documents state that in September 2025, the renewal of the CUP was approved by P&Z for three months with conditions. During this period the business received Health Code Violations.
P&Z considered this CUP renewal request at their Dec. 9, 2025 meeting and voted to deny the Conditional Use Permit renewal in a 9-0 vote.
According to city documents, there were nine emergency calls made regarding Rooftop in the three-month period from Sept. to Nov. 2025.
Patricia Morgan, a representative for Rooftop, said the emergency calls should not be a reason for denial.
“Five out of nine of those calls resulted in no report. One we called ourselves and asked for help, but yet we’re getting dinged with a violation,” Morgan said. “Where is the new and substantial evidence against us?”
San Marcos Police Department Commander Paul Stephens wrote an email that was included in the council meeting packet related to the third downtown shooting on the Halloween 2025 weekend. The email stated that a 20-year-old male offender was arrested following the shooting and told the officer he had been drinking at Rooftop Bar that night. The email also stated that the bar had been shut down due to overcrowding earlier the same night.
“He told the officer that he knew the door staff, and they let him in,” the email stated. “The male also admitted to the officer that he had the gun inside the bar. The officer asked how he got in with a gun, and he told them they only pat down certain people. He said they know him and know he doesn’t cause problems with his gun.”
Bar owner Robert Espinosa spoke during the public hearing about the incident.
“Mind you, we’re talking about hearsay from a 17- and a 20-year-old that, for as far as we know, are convicted felons that are saying they wore a jumpsuit, they carried a gun, and they were drinking, and they did not have IDs,” Espinosa said. “All of our staff is TABC certified. They all go through these procedures, how to pat down, how to check the waistline, check bags. We also have metal detector wands. Two of your officers have seen them use it.”
According to the CUP denial appeal application, Espinosa stated that the CUP has been held by the business since 2012, and it “has been very communicative with all city departments during this tenure with any issues that needed addressing to operate under CUP Standards.” It further stated that after the 90-day CUP granted in August 2025, Rooftop “submitted all required documentation, fees and permits to stay in compliance.” The application stated that “no violation or challenge has been brought against permit holder from San Marcos Code Compliance since the previous extension of the CUP permit.”
Wilde said the bar can reapply for the CUP on May 9, 2026.
