Alcohol license denied to 2 restaurants

NORFOLK, Va. - Norfolk City Council voted Tuesday to deny alcohol permits to two Waterside restaurants, Bar Norfolk and Have a Nice Day Cafe.

The ruling stipulates the two venues are no longer allowed to serve beer, wine or mixed drinks -- effective immediately.

However, inside Have a Nice Day Cafe on Tuesday night, a bartender stacked the shelves with alcohol and a short time later doors were opened for business.

"Last night we got a call that we weren't going to get approved," said Frank Szabo, Supervisor for BMG, the bar's ownership company. "We haven't lost our liquor license. We still have the Virginia ABC liquor license and tonight we're going to open and legally sell alcohol."

BMG also operates Bar Norfolk, which was not granted the special exception either.

Szabo says it's a zoning issue.

Yet, by opening it's doors, the Cafe violated the City's ruling. At 9:30 p.m. police officers issued a citation. Szabo said he welcomed it.

"This is a zoning issue and we look forward to our day in court to hash out why," said Szabo.

At Tuesday's council meeting, the Deputy City Attorney outlined a long list of grievances found at both establishments, including unlicensed third party promoters, not checking id's, over-serving and overcrowding.

Szabo says the claims are unfounded. "We've been here for 11 years now doing the same thing we've been doing. We're actually doing it better now because they've come and asked us to change these things," said Szabo.

The Council's decision was not caused by one thing in particular but by several acts of violence, including numerous calls to 911 for incidents at Waterside and its garage. City leaders and Waterside management has supported new rules after recent crimes this year. In March, inside the Waterside Garage, two people were shot, one of them died. Police say both the victims and suspect had recently left Waterside bars. These recent crimes have tainted Waterside's reputation.

A WAVY.com investigation in March also revealed that Norfolk police responded to more than 300 police calls at the Waterside Marketplace and Garage within 2008 and 2009.

Leaders were hoping these special exceptions could turn things around at Waterside. The special exemptions would have allowed the bars and restaurants to continue selling alcohol, but also require them to list everything done at their business.

As for the idea that Have a Nice Day Cafe and Bar Norfolk don't fit the family friendly image City Council is trying to create with the new Waterside, Szabo said, "We don't have any control besides inside our four walls. There's been no stabbings, no shootings inside these places. We're just kind of at a loss."

Jillian's, Joe's Crab Shack and Outback Steakhouse did not show a record of violations at Waterside, according to Alcoholic Beverage Control Public Relations Specialist Philip Bogenberger. Hooter's does have two violations on record, but thier alcohol license was not taken away.

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