Hermosa Beach businesses protest proposed ordinance banning outdoor lines, reducing occupancy, and hours
A trio performs Mexican music on Cinco De Mayo in front of El Tarasco on Pier Avenue. The city council recently passed an “emergency” ordinance to allow outdoor music. Photo by Kevin Cody
by Dan Blackburn
A Thursday Hermosa Beach council meeting labeled a “study session” and as a prelude to the community’s post-pandemic reopening resulted in a tense schooling of the Hermosa Beach City Council by a wave of angry residents and business owners.
City officials said more than 250 people complained about a proposed ordinance seeking to declare some downtown restaurant businesses “nuisances;” only two comments were supportive.
Opponents’ objections — some reasonable, some rude — were summed up in an unambiguous comment from resident Erica Carter to the council: “I’m not sure how you guys ever thought this was a good idea.”
The online meeting was for “discussion only” and no official action was taken.
But that did not quell the controversy. One observer said the event resembled a “state of the city” self-congratulatory political speech.
The proposal has not yet been before the council for a first reading; council members suggested “some changes” might be needed before, or if, it reaches an agenda.
As currently written, it would — among other things — limit the number of people who could occupy an establishment at any given time, prohibit lines of waiting customers, and force early closing times.
Council member Mary Campbell said she was “surprised” by the planned ordinance and had not seen it until just prior to the study session. She expressed skepticism that it would accomplish its objectives.
“This seems to be driving us backwards,” she said. Her comments were applauded by several residents.
Council member Mike Detoy called the proposal “a starting point” but noted the “timing of this is unfortunate.”
The lengthy ordinance stems from assertions by police officials that alcohol-related “problems in downtown and The Strand area” were greatly diminished during the pandemic, and officials’ desire to reduce those issues in the future.
The so-called “bar scene” is characterized in the ordinance as a boon to residents and visitors and a bane to law enforcement.
The ordinance states: “The downtown district of Hermosa Beach is a primary social and commercial activity center in Hermosa Beach, serving as a centralized location for social gatherings and the recreational activities of residents and visitors. Pier Plaza serves as a popular venue for outdoor events and dining, connecting Downtown to the beach, pier, and The Strand. However, the area also contains a high concentration of on- and off-sale alcohol serving establishments.”
Police Chief Paul LeBaron said his department has experienced a significant increase in calls for service, and the proposed ordinance notes these are “directly attributed to the operation of bars, nightclubs, and liquor stores. Repeated and consistent crimes related to the sale and service of alcohol in the downtown district include without limitation disorderly conduct, larceny, public urination and defecation, vandalism, and driving under the influence. The disproportionate alcohol-related crime rates have created an adverse impact and disruptions to the community, resulting in a collective, consistent and long-term nuisance.”
LeBaron said the city “can’t police our way out of this. The problems can’t be solved by more police officers.”
Police officials are taking issue with a 2017 consultant’s findings that “it is likely that the downtown area generates direct municipal revenues equal to or greater than the expenses it incurs.”
Restaurateur Greg Newman, of Sharkey’s and Palmilla, said many of the businesses the council seemed to be “targeting” have been part of Hermosa Beach “since before most of you even have lived here.”
Newman said the ordinance “is going to destroy our businesses, and you don’t seem to care.”
Newman read a letter to the council from the Hermosa Beach Business Owners’ group expressing in part, “… our utter shock and disappointment at this ordinance.”
He said business owners were starting to think that the council was becoming “more business friendly in actions, not just words, when out of nowhere this (proposed) ordinance was introduced… to say that we all feel betrayed is an understatement. This is a dagger in the heart of every business owner in Hermosa Beach.”
Council members agreed the planned ordinance “needs some work” before it is put before the council for deliberation.
At the end of the 90-minute session, Mayor Justin Massey simply said, “We’ll move forward.”
The council held an official meeting following the study session and extended a contract for producing the annual Fiesta Hermosa event.
In other action, the council:
— Learned there will be no summer series concerts this year due to the pandemic;
— Lauded Public Works Director Marnell Gibson on her pending retirement. Her last day will be May 20. ER