Belly-Up Agrees to Trim Liquor Sales

The owner of a popular North County nightclub has reached an agreement with state officials over late-night noise, ending a five-year battle during which local live-music lovers once feared the bar would lose its liquor license and be forced to close.

Under an agreement with the state Alcoholic Beverage Commission, the Belly-Up Tavern in Solana Beach has agreed to stop selling alcohol at 1 a.m., one hour earlier than usual, Sunday through Wednesday nights.

However, on Thursday, Friday and Saturday nights, the bar will continue to sell alcohol until the 2 a.m. limit allowed by state law.

Dave Hodges, owner of the popular night spot, which was developed from a World War II-era Quonset hut, could not be reached for comment Wednesday.

But Richard Cipolla, the attorney representing the bar in the matter, said that both he and Hodges were gratified with the results.

“We’re very happy,” he said. “There’s no disciplinary mark against the Belly-Up, and we conceivably could have had our license revoked. But that didn’t happen. And the music will go on.”

The controversy began in 1987 when several neighbors complained that late-night noise and drunken patrons outside the bar kept them awake into the early-morning hours.

After an initial hearing in San Diego, the case spent the next four years languishing in the red tape of attorney meetings, appeals boards and further bureaucratic review. At one point during the process, ABC officials offered a solution that the bar stop selling alcohol at midnight seven nights a week. That proposal was rejected.

In the past, Hodges has said his nightclub could not stay in business if his business hours were substantially curtailed. The bar offers a mixture of nationally known entertainment and local acts in a rustic atmosphere with a large dance floor.

“That would have been a serious blow for business,” Cipolla said of the former ABC proposal. “A lot of our patrons come to the bar at 11:30 or midnight looking for a little entertainment. That would not have been able to happen under those circumstances.”

Finally, last Thursday, attorneys for both sides reached the final agreement.

John Peirce, an ABC attorney, said Cipolla submitted the final plan, which was reviewed by ABC Commissioner Jay Stroh before final approval. “This has been one of the longest-running cases of this type that I know of,” Peirce said. “But now it’s apparently over. We feel their concessions addressed the problems.”

Peirce said the neighbors who initially complained about the noise were not consulted in the decision and would not receive word on the agreement either in writing or by telephone.

“At this point, they are third parties to this procedure,” Peirce said. “And so they won’t be contacted.”

Ironically, Hodges named the bar the Belly-Up Tavern because so many locals predicted his business venture would never survive when it opened several years ago.