Postnuclear Gets OK to Sell Beer but Faces Appeal

Club Postnuclear has cleared one government hurdle in its effort to win permission to sell beer. But it will have to answer further objections from Laguna Beach officials who question whether the new rock nightclub should be allowed to abandon its no-alcohol policy.

By a 3-2 vote Thursday night, the city Board of Adjustment gave club owner William (Max) Nee the OK to sell beer at Postnuclear, which opened in July at 775 Laguna Canyon Road. But Councilman Dan Kenney said Friday that he will appeal the board’s decision--which means, under city law, that the City Council will have the final say.

“When Postnuclear was originally approved, the council was given assurances that alcoholic beverages would not be served ever,” Kenney said. “I have strong reservations about a place that allows 18-year-olds inside and is serving alcohol. If he wants to serve alcohol, (admission) should be 21 and over as far as I’m concerned.”

Meanwhile, the Board of Adjustment set new conditions for the club’s operations, conditions Nee considers “very severe.”

Concerned that people are drinking beer outside the club and littering the area, the board ruled that Postnuclear’s management must post a security guard in the club parking lot to monitor any drinking and be responsible for cleaning the lot every night.

The board ordered a hearing in 6 months to determine whether Postnuclear has abided by those conditions.

These restrictions, said Nee, don’t “leave us any margin for error. My feeling is that we’re (being held) responsible not only for our patrons after they leave the premises, but for anyone who decided they would like to drink beer in their car” outside the club. “My concern is that if (city officials) come down and see a problem, they can close my place down.”

Under the permit approved by the board, the club can operate 7 days a week from 7 a.m. to 2 a.m., and can sell beer from 6 p.m. until closing. Only those 18 or older may be admitted, and patrons who want to drink beer would have to produce two forms of identification. (Beer-drinkers would be given a hospital-type wristband.)

Board members Cynthia Love, Salvatore Maddi and Ann McDonald voted in favor of the permit, while board chairman Jeffrey Powers and Barbara Metzger were opposed. Nee said that the only public comment on his proposal at a hearing earlier this month had been favorable: Robert Bartlett, owner of an adjacent shopping center, had told the board that allowing Postnuclear to sell beer could curtail littering outside the club.

Nee, who argued his own case before the Board of Adjustment, said he will probably hire a lawyer to represent him in the as-yet unscheduled appeal hearing before the City Council.