Beach & Bay Press, March 6th, 2014

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News

THURSDAY · MARCH 6, 2014 BEACH & BAY PRESS

Denny’s in PB loses permit bid to serve up beer and wine An appeal by the Pacific Beach Denny’s restaurant to reconsider its application for a beer and wine license from the California Department of Alcohol Beverage Control (ABC) was rejected by the same state licensing agency. The application was denied last year, but the restaurant at 800 Garnet Ave., which has been in operation since 1968, was granted a hearing to appeal the decision. Following the Jan. 8 hearing, the ABC’s Administrative Law Judge determined several factors: • The restaurant is located in an area with nearly six times the citywide average for crime; • Under state law, the geographic area there should have two “on sale” licenses where alcohol is served; this area already has 24 of those license; • Neighbors were concerned that adding another alcohol outlet would make crime problems worse; • The San Diego Police Department also protested the license because “issuing another license will only create an additional drain on the very limited police resources;” • Issuance of the license will tend to create or aggravate a law-enforcement problem in the area. • The issuance of the license would interfere with nearby residents’ quiet enjoyment of their property. The administrative law Judge rec-

ommended denial of the license application Jan. 24. That decision was reviewed and adopted by the ABC’s General Counsel. The decision was certified Feb. 14. The applicant has 30 days to appeal the decision. Michael Manos, a retired San Diego sheriff’s deputy who owns the Pacific Beach Denny’s restaurant, said he probably wouldn’t appeal, despite his disappointment. Nonetheless, Manos said he believes there should be a different category — and criteria — for judging a liquor license application for a restaurant like his, which would sell alcohol as a supplement, as opposed to a bar, whose staple is alcohol sales.

“They made it sound like we wanted to start selling a lot of liquor, when our application was simply for beer and wine as a customer convenience incidental to their meal purchase,” said Manos. “We never intended to sell beer and wine as a mainstay as a bar would. We wouldn’t have sold as much beer in one week as a nightclub down here sells in half an hour.” Opponents of the liquor license application, like lifelong Pacific Beach resident Marcie Beckett, said the issue was not who was applying for the license, but its location and operating conditions. “Everybody likes the Denny’s,” said Beckett. “It’s just that with ABC reg-

ulations, we have no protection from restaurant licensees turning into barlike establishments and operating like bars. There are dozens of examples.” Beckett said there are no laws on the books precluding a restaurant like Denny’s from obtaining a beer and

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By DAVE SCHWAB

wine license, then later changing ownership and business models and running their establishments more like bars.

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PERMIT DENIED BY ABC The Denny’s restaurant in Pacific Beach has been denied a beer and wine license by the state Alcohol Beverage Control, despite an appeal. Photo by Dave Schwab

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