Belly Up’s Owner Vows to Fight Alcohol Board Over Noise Complaints

The popular Belly Up Tavern in Solana Beach is under scrutiny by the state Alcoholic Beverage Control after complaints from nearby homeowners about noise.

David Hodges, owner of the venerable North County nightspot, said the ABC has proposed several possible penalties--each of them strict enough to effectively shut the club if enacted--but he vowed to fight the accusations.

A focal point for music lovers from throughout San Diego County, the Belly Up has become something of a coastal institution during its 14-year history, serving up everything from rock to reggae in a dramatically renovated Quonset hut packed with pool tables, two bars, a dance floor and a delicatessen.

Alerted a Month Ago

In early July, the club received a notice from the ABC about the complaints filed by its residential neighbors, Hodges said. The state agency has granted the tavern a 30-day stay of suspension on its liquor license to allow for a hearing on the allegations before an administrative law judge, he said.

Officials with the ABC, however, painted a somewhat different scenario. Pete Case, ABC district administrator, said the matter is still under investigation.

“It’s a balancing situation, a question of who has the greater right,” Case said. “Residents have the right to the peaceful enjoyment of their property. If someone is disturbing them, then sometimes that disturbance has to give way.”

Though Case declined to elaborate on the Belly Up investigation, Hodges said the ABC has proposed three possible penalties that could be enforced if the club is found in violation of its liquor license because of the noise complaints.

The ABC has proposed limiting the club’s hours to between 8 a.m. and 11 p.m. (it now stays open most nights past 1 a.m.), relocating the tavern to a spot more acceptable to the department or revoking the club’s liquor license, Hodges said.

Noisy Patrons in Lot

Hodges said he considers all of the proposals unreasonable. If the club exhausts all administrative avenues with the ABC, it will take the matter to civil court and pursue the case “to the highest court possible,” Hodges said in a press release issued Thursday. He said the club will remain open throughout the fight.

The Belly Up’s managers have suggested that most of the complaints from residents stem from noise caused by occasionally boisterous patrons leaving the bar after an evening of dancing and drinking.

The complaints were filed, Hodges said, by three neighbors living on a street that parallels the nightclub and the parking areas its patrons use. A detailed log of alleged noise violations recorded between May, 1987, and March, 1988, was produced by the neighbors, he said.

Hodges said the club has independently measured exterior noise on several occasions and found it to be within limits for the commercial/industrial zoning of the area. Also, the club is operating at lower sound levels than it was several years ago, he said.

Acoustical Engineer Hired

Nonetheless, the club employed an acoustical engineer after learning that residents were upset, Hodges said. The engineer is re-designing the club’s exhaust ventilation system, which has been found to be a portal for low-frequency noise generated by the bands inside.

The club is also planning to renovate its front entrance to provide a large foyer with double doors that would serve as “an acoustical barrier” between the noise inside and the street, Hodges said.

Finally, security personnel have been hired to patrol the parking lots in an effort to ease complaints about noise generated by patrons, he said.