Sunday, April 19, 2009
Weekend Incident..
Two of us + a house guest returning home early Saturday night from dinner (9pm) confronted by a drunk young guy who intentionally stepped out in front of my car as if to dare me to hit him. As we passed, he slammed the car with his fist.
Thursday, April 16, 2009
FQNA Board, Residents, Meet with Pearlz
The FQNA Board was joined by several members of the Association last night (Wednesday) in the boardroom of First Federal for a meeting with representatives of Pearlz Oyster Bar, seeking a variance from provisions of the Limited Business zoning restrictions governing its establishment on East Bay Street.
Those provisions require Pearlz to discontinue serving at 11pm. State Alcoholic Beverage controls otherwise permit serving until 2am, and Charleston permits that later closing time in business zones with fewer restrictions.
Pearlz had been serving until 2am, contending they were unaware that they were obligated under the law to close at 11.
It was a “meeting of the minds” set up in an attempt to reach a mutually-agreeable decision about how Pearlz might address the concerns expressed by many FQ’ers that allowing later serving could deepen problems with drunkenness, vandalism and crime.
Pearlz representatives contended their clientele was more mature and desireable than many of the noisier bars in the vicinity that cater to the college crowd. They also contended that they served meals until near the 2am closing hour
FQNA Board Chairman Jerry Keynard said it was in the Association’s best interests to hear the position of the Pearlz representatives because it could put the association in a good position to negotiate for stronger regulations in the future. He also said city officials expect neighborhood associations to discuss issues such as this, and to advise officials on an agreeable course of action.
The chief bone of contention was the 2am closing hour and residents’ belief that, as the night wears on, most patrons would be drinkers only – not ordering food. Pearlz representatives contended that was untrue, that late-hour revenue was nearly equal between liquor and food.
State Street resident Woody Rash asked Pearlz representatives if they would be willing to agree to a closing hour after 11, but before 2am. The answer to that question was “no.”
Chairman Keynard said the board would work with Pearlz on the wording of a proposed agreement that would spell out expectations on both sides—those of the neighborhood association and the bar/restaurant.
We hope to be able to publish that proposed agreement when it is reached.
Those provisions require Pearlz to discontinue serving at 11pm. State Alcoholic Beverage controls otherwise permit serving until 2am, and Charleston permits that later closing time in business zones with fewer restrictions.
Pearlz had been serving until 2am, contending they were unaware that they were obligated under the law to close at 11.
It was a “meeting of the minds” set up in an attempt to reach a mutually-agreeable decision about how Pearlz might address the concerns expressed by many FQ’ers that allowing later serving could deepen problems with drunkenness, vandalism and crime.
Pearlz representatives contended their clientele was more mature and desireable than many of the noisier bars in the vicinity that cater to the college crowd. They also contended that they served meals until near the 2am closing hour
FQNA Board Chairman Jerry Keynard said it was in the Association’s best interests to hear the position of the Pearlz representatives because it could put the association in a good position to negotiate for stronger regulations in the future. He also said city officials expect neighborhood associations to discuss issues such as this, and to advise officials on an agreeable course of action.
The chief bone of contention was the 2am closing hour and residents’ belief that, as the night wears on, most patrons would be drinkers only – not ordering food. Pearlz representatives contended that was untrue, that late-hour revenue was nearly equal between liquor and food.
State Street resident Woody Rash asked Pearlz representatives if they would be willing to agree to a closing hour after 11, but before 2am. The answer to that question was “no.”
Chairman Keynard said the board would work with Pearlz on the wording of a proposed agreement that would spell out expectations on both sides—those of the neighborhood association and the bar/restaurant.
We hope to be able to publish that proposed agreement when it is reached.
Tuesday, April 14, 2009
Oops!... Another Postponement??
We now have a report that the Pearlz variance application won't be heard by the BZA (Board of Zoning Appeals) until May 5. More when we get it.
MEANTIME: One question for us and for the City: If in fact Pearlz has been serving in violation of zoning law, what penalty (if any) is there for such an infraction?
MEANTIME: One question for us and for the City: If in fact Pearlz has been serving in violation of zoning law, what penalty (if any) is there for such an infraction?
Monday, April 13, 2009
More Legal Background on the Pearlz Variance Application
State Liquor law provides that retail licensees (bars, restaurants) may sell alcoholic beverages until 2am.
Local law can trump that provision. And in the case of Pearlz, City of Charleston Zoning law does just that. See this citation:
Sec. 54-204. Hours of operation; restrictions.
Local law can trump that provision. And in the case of Pearlz, City of Charleston Zoning law does just that. See this citation:
Sec. 54-204. Hours of operation; restrictions.
a. Within CT. In commercial transitional, CT district, certain uses, as specified herein, are restricted to normal business hours. In the CT district, normal business hours are deemed to be hours of operation beginning no earlier than 7 a.m. and ending no later than 8 p.m.
b. Within LB. In the limited business, LB district, certain uses, as specified herein, are restricted to operating only between 7 a.m. and 11 p.m., except that theaters may operate beyond 11 p.m. although theater box offices may not sell tickets after 11 p.m.
(Ord. No. 1997-524, § 1, 11-25-97)
Pearlz is in a designated LB District in which liquor sales are restricted to a 11pm cutoff.
Clearly, if they are held to this, it will have a major impact on their profits.
Apparently, there is a history as to why this section of East Bay Street was designated "LB," likely to be that the City wished to keep noise and nuisance in this sector under strict control.
This, of course, is precisely why this is an issue now.
Pearlz is in a designated LB District in which liquor sales are restricted to a 11pm cutoff.
Clearly, if they are held to this, it will have a major impact on their profits.
Apparently, there is a history as to why this section of East Bay Street was designated "LB," likely to be that the City wished to keep noise and nuisance in this sector under strict control.
This, of course, is precisely why this is an issue now.
Meeting to Discuss Pearlz Variance Application
The meeting this Wed. (April 15) will be at 6 in the First Federal building (use the back entrance off of Chalmers).
Tuesday, April 7, 2009
More on Pearlz...
Reasons for the postponement of today's variance hearing for Pearlz Oyster Bar are hard to come buy.
Folks in the Zoning Board office to whom we spoke said a postponement is typically granted if an applicant asks for one. No reason need be given. Often, we're told, a postponement is requested if the applicant wants more time to build his or her case or to deal with growing opposition to the application.
Again, the date for the new hearing is April 21, at 5:15pm.
It is increasingly clear that Pearlz is seeking to legalize its longstanding practice of serving well past the time allowed by its license, 11pm. Many establishments have licenses that allow them to serve until 2am. Approval of this application would bring Pearlz into alignment with many of its competitors.
The question at hand is whether legalizing their practice of serving past 11 (and allowing them competitive parity with other bars and restaurants) would add substantially to the rowdiness in our neighborhood.
Folks in the Zoning Board office to whom we spoke said a postponement is typically granted if an applicant asks for one. No reason need be given. Often, we're told, a postponement is requested if the applicant wants more time to build his or her case or to deal with growing opposition to the application.
Again, the date for the new hearing is April 21, at 5:15pm.
It is increasingly clear that Pearlz is seeking to legalize its longstanding practice of serving well past the time allowed by its license, 11pm. Many establishments have licenses that allow them to serve until 2am. Approval of this application would bring Pearlz into alignment with many of its competitors.
The question at hand is whether legalizing their practice of serving past 11 (and allowing them competitive parity with other bars and restaurants) would add substantially to the rowdiness in our neighborhood.
Monday, April 6, 2009
More on Pearlz Variance Application
Sue Stewart reports that the City itself is opposed to Pearlz' application to serve until 2am, and that the South of Broad Neighborhood Association is too.
Strategic note: if many of us are attending, let's attempt to arrive early and have a short huddle outside the meeting room before the meeting begins.
Strategic note: if many of us are attending, let's attempt to arrive early and have a short huddle outside the meeting room before the meeting begins.
Sunday, April 5, 2009
Zoning Appeals Meeting Tuesday 4/7/09
Pearlz Oyster Bar, at the corner of East Bay Street (#153) and Unity Alley, has asked for a variance to allow service until 2am.
Pearlz has become a popular venue on East Bay. It has several tables on the sidewalk.
This application is an interesting one for the French Quarter because of the general noisiness and rowdiness experienced in the neighborhood on weekends
The Zoning Appeals Board meeting will be held Tuesday, April 7, 2009, at 5:15 p.m., in the Meeting Room, Third Floor at 75 Calhoun Street.
The application is first on the agenda for the meeting
Here is the entry from the official meeting agenda.
A. Deferred applications from previously advertised BZA-Z agendas. For
information call 724-3781.
1. 153 EAST BAY STREET (FRENCH QUARTER) (TMS# 458-09-01-122)
Request variance from Section 54-204 to allow an existing restaurant to extend
hours of operation from 11:00 p.m. to 2:00 a.m. in a LB zone district.
Zoned LB.
Owners-Anthony Bakker, Unity Alley/Applicant-Jerald Scheer
Pearlz has become a popular venue on East Bay. It has several tables on the sidewalk.
This application is an interesting one for the French Quarter because of the general noisiness and rowdiness experienced in the neighborhood on weekends
The Zoning Appeals Board meeting will be held Tuesday, April 7, 2009, at 5:15 p.m., in the Meeting Room, Third Floor at 75 Calhoun Street.
The application is first on the agenda for the meeting
Here is the entry from the official meeting agenda.
A. Deferred applications from previously advertised BZA-Z agendas. For
information call 724-3781.
1. 153 EAST BAY STREET (FRENCH QUARTER) (TMS# 458-09-01-122)
Request variance from Section 54-204 to allow an existing restaurant to extend
hours of operation from 11:00 p.m. to 2:00 a.m. in a LB zone district.
Zoned LB.
Owners-Anthony Bakker, Unity Alley/Applicant-Jerald Scheer
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