State Orders Belly Up to Cut Off Booze at 12

In the latest volley of a two-year battle over nighttime noise in Solana Beach, the state Alcoholic Beverage Control Department has ordered the Belly Up Tavern to either stop serving beer and alcohol after midnight or surrender its liquor license.

ABC Commissioner Jay Stroh imposed the conditional-use restrictions on the popular nightspot in an attempt to mitigate complaints filed by local residents, who claim that the tavern’s nocturnal racket and rowdy patrons have disturbed the peace.

The ABC decision will force the 15-year-old tavern to stop selling beer and alcohol at midnight, despite the fact that the normal closing time for bars in San Diego County is 2 a.m.

Dave Hodges, owner of the 600-occupancy Belly Up, was unavailable for comment Wednesday, but he has said in the past that he could not afford to remain open if his business were curtailed. His attorney said the Belly Up will fight the ABC ruling.

The agency’s decision, which goes into effect within 30 days, follows an administrative law judge’s ruling in December that the persistent noise was enough cause to revoke the tavern’s liquor license unless the owner agreed to a list of conditions that included beefed-up security and possible building modifications.

At the time, Stroh elected to take the judge’s ruling under consideration in reaching his own conclusion. His decision, announced Friday and publicly criticized by the Belly Up on Wednesday, indicates that state officials in Sacramento believe liquor sales play a major role in the noise from the South Cedros Avenue tavern, which features live music seven nights a week.

“It’s a middle-of-the-road decision, a compromise all the way around,” said Pete Case, an ABC administrator in San Diego. “Nobody seems to have really won or lost this thing.”

Richard Cipolla, an attorney representing the tavern, called Stroh’s ruling a “completely irrational decision” and said the owner plans to appeal.

“It’s an unfair decision, period,” Cipolla said. “We’re not happy with it, and we’re going to try and correct it.”

The attorney said the tavern plans to explore several avenues of appeal, including taking the matter to the ABC’s chief counsel as well as a three-member ABC appeals board appointed by the governor. He said the tavern could continue selling beer and alcohol until 2 a.m. closing time while the appeal runs its course.

The Belly Up, which is shaped like a Quonset hut, has for almost a generation featured national acts ranging from jazz and reggae to rhythm and blues, as well as serving as a social club for music lovers of all ages.

The dispute began in July, 1988, when two families living near the bar appealed to the ABC, claiming that the live music and raucous patrons create a public nuisance.

During a three-day public hearing last year, an administrative judge from Sacramento heard from neighbors as well as tavern supporters, such as Solana Beach City Manager Michael Huse.

Despite all the consideration, tavern lawyers say the ABC has missed the boat on its ruling.

“The problem has always been the music, not the alcohol,” Cipolla said. “But, by cutting off the bar at midnight, you’re going to have people going out to their cars to get a drink or to any number of convenience stores that sell beer and alcohol until 2 a.m. They’re going to compound the problem.”

In the past few months, the tavern has relocated one of its parking lots away from the homes of complaining neighbors, has started some shows an hour earlier and has refused to book some bands because of their noise level.

“It’s tragic that the money we have to spend on the legal battle could have been spent on noise-abatement measures,” owner Hodges said in a prepared statement. “We will continue to be good neighbors.”

Although some neighbors were gratified by the ABC’s decision, they said they agree that the solution doesn’t appear to fit the problem.

“Mostly our problem is noise,” said resident Dennis Higgins. “Often it gets so loud inside the Belly Up that the human ear shuts down. So these people literally can’t hear themselves when they walk out into the parking lot. They’re out there screaming at one another.”

Both he and his neighbors continue to call the tavern with noise complaints. “There’s really good days and really bad ones. But I don’t know how much the alcohol consumption has to do with that.

“I mean, if you shut off the booze, what good is that going to do?”