Newport Beach Panel Denies Permit for Topless Bar

Against the advice of the city’s legal counsel, the Planning Commission on Thursday night denied a permit for what would have been the city’s first topless bar.

Saying they believe the bar, Mermaids, would generate traffic and parking problems in the area southeast of John Wayne Airport, the commissioners voted 4 to 2 against granting the permit.

Their vote came after Assistant City Atty. Robin Flory informed the commissioners that the proposed bar mostly meets the requirements of the city’s adult entertainment ordinance. The commissioners can set conditions, such as parking or seating spaces, that the establishment must meet, but they cannot outright deny the owners the right to operate, Flory said.

“You don’t have the discretion . . . and cannot deny the permit based upon an objection to the type of business,” Flory said. To do so could be considered prior restraint and a possible violation of the owners’ rights to free speech, she said.

The commission vote could be moot since the courts have long decreed live adult entertainment is an expression protected by the First Amendment.

“I know why they did what they did--they didn’t want an adult entertainment business in the area,” said Ronald Talmo, a Santa Ana attorney who represents An and Olivia Nguyen, who sought the permit for Mermaids. “But they didn’t have any right to do it. The city attorney told them they couldn’t do it.”

Talmo, who has 21 days to appeal the Planning Commission’s vote to the City Council, said he will do so at its Feb. 7 meeting. An Nguyen, who also owns Paddy Murphy’s, a Santa Ana juice bar that features nude dancing, declined to comment.

As planned by the Nguyens, Mermaids would be “a classy place,” Talmo said.

The 6,800-square-foot club would feature five “theater” stages. Stage 1 would have dancers performing to recorded or live music. Stage 2 would be a small movie theater. Stage 3 would have a cozy room with a fireplace, large screen TV and seating for either viewing sporting events or dancers. Stage 4 would have live bands and karaoke.

Stage 5 would feature two “viewing rooms,” for private dancers and their customers. The dancer and customer in each room would be separated by a three-foot Plexiglas partition. The area above the glass to the ceiling is alarmed by a light beam mechanism that would sound if dancer and customer make physical contact.