COSTA MESA : Tighter Restrictions Stir Bar Owners’ Ire

A proposal to force more restaurants and bars to obtain operating permits and comply with tighter city restrictions has angered some owners who say the new ordinance could force them out of business.

The proposed ordinance was mailed out to restaurant and bar owners last week, with a letter from city planner Kimberly Brandt explaining that the changes will apply to all new businesses as well as to “nonconforming” businesses before they are sold or make significant changes.

Owners fear that the ordinance will make it more difficult for them to sell their liquor licenses--as well as their businesses--because new owners would have to comply with the restrictions, such as providing more parking spaces.

Robert (Zeb) Ziemer, owner of Henry n’ Harry’s Goat Hill Tavern, said he planned to mail out 150 copies of the ordinance with a letter urging restaurant and bar owners to attend the March 16 City Council meeting when a public hearing on the proposal will be held.

Brandt said that should a change of ownership occur, the city would look at an establishment’s parking, landscaping and hours of operation, among other things. It is possible that a new owner might not have any problem meeting the city’s requirements, she said.

The proposed ordinance calls for all restaurants and bars that sell alcohol between 11 p.m. and 2 p.m. to obtain a conditional-use permit from the Planning Commission. It also calls for restaurants and bars within 200 feet of residential property to obtain an additional permit to stay open between 11 p.m. and 6 a.m.

Bar owners disagree with the 200-foot limit’s being measured from the property line instead of from the building, but Brandt said the city already uses the proposed measurement.

Most bars would be violating the limit, according to some owners.

“That’s just about everybody,” said Sid Sofer, Costa Mesa gadfly and Newport Beach restaurant owner. “Somebody mentioned that the old NYC building at Newport (Boulevard) and 17th Street might be far enough away (from homes), but any other place, they almost invariably bump up against residential.

“It’s a very dangerous thing they’re embarking on,” Sofer said.

Costa Mesa has withdrawn operating permits of several bars along Newport Boulevard in the past few years after residents complained about drunken patrons disturbing their neighborhoods and loud noises coming from the bars late at night.

Recently, the Island Trader closed after the City Council revoked owner Gregory Howell’s permit. Howell is currently suing the city.

Ziemer is awaiting an appellate court decision regarding his own conditional-use permit.