Reprieve Is Granted to Belly Up Tavern

Solana Beach residents complaining of headaches from live music at a neighborhood tavern will have to wait weeks--possibly months--for a solution to their problem, according to a state Alcoholic Beverage Control Department spokesman.

On Thursday, ABC Director Jay Stroh rejected an administrative law judge’s decision set down last month in the case of the popular Belly Up Tavern on South Cedros Avenue.

The judge had ruled that persistent noise problems from bands and rowdy patrons were sufficient cause to revoke the tavern’s liquor license unless the owner agreed to conditions, including beefed-up security and possible building modifications, said Pete Case, an ABC administrator in San Diego.

The ruling stated that “it would be contrary to the public welfare and morals to allow the license to continue without the imposition of conditions,” Case said.

According to ABC guidelines, Stroh had 100 days to either follow the ruling or further consider the matter. On Thursday, he asked for written transcripts of a four-day public hearing into the case conducted in January.

“I don’t know if he found any fault with the judge’s ruling,” Case said of Stroh’s decision. “But there might be some problems with the conditions. Maybe he didn’t think they solved the problem overall.”

In July, 1988, two families living nearby the bar appealed to the ABC, claiming that noise from the bar and rowdy patrons created a public nuisance.

Dave Hodges, who opened the 600-capacity tavern 15 years ago, has said that he could not afford to remain open if he were prohibited from featuring live music until 1 a.m. each night.

In light of the complaints, he said he has taken several steps to keep the volume of the music down, has refused to book certain bands and may relocate some parking areas operated by the bar.

Both sides have anxiously waited almost a year for some decision in the case. Stroh’s announcement, however, effectively means the matter is still in limbo, Case said.

“There’s still no winner, no loser,” he said. “It’s just another step in the process. It will be several weeks, if not months, before we decide this thing.”

Joan Higgins, a Belly Up neighbor who complained about the noise, said she is eager for some decision.

“I’d like it to be resolved either way,” she said. “We never wanted to close down the Belly Up Tavern. Our only intention was to get a good night’s sleep.”

Owner Dave Hodges said he was surprised at the judge’s ruling and relieved that the ABC was taking another look at the case.