Monday, August 24, 1998
Appeal for dance permit denied
NIGHTCLUB: Duet plans to appeal decision to city council,
possibly court
By Mason Stockstill
Daily Bruin Senior Staff
Duet Nightclub and Restaurant has stumbled yet again in its
quest for a dance permit, but the management says they will press
on.
The most recent setback for Duet occurred on Tuesday, when the
Los Angeles Board of Zoning Appeals voted 3-1 against Duet’s appeal
of Zoning Administrator Leonard Levine’s previous decision, which
denied the restaurant a conditional use permit to allow
dancing.
The board backed up their decision with the complaints and
citations Duet has received in recent months, ranging from
overcrowding violations to serving alcohol to a minor.
"(The dancing permit is) a privilege that ought not to be
granted," Levine said.
Chris Mallick, co-owner of Duet, disputed most of the citations
and complaints that have been lodged against Duet since its
opening.
The fire department has shut the restaurant down on several
separate occasions because of overcrowding. But Mallick alleges
that he was never told the exact maximum occupancy of his
establishment.
"When we opened, we had the fire marshal in here, and he looked
around and said, ‘600,’" Mallick said.
However, while Mallick claims to have never received an official
number from the fire department, officials there say that his legal
limit is 295.
Mallick also said that the method of counting patrons when the
restaurant was closed yielded an incorrect number – a claim that
fire inspectors dispute.
"I’m as concerned as anyone else is about safety," Mallick
said.
The hearing attracted numerous community activists from both
sides of the issue, including recent UCLA graduate Chris Ivicevich,
who earlier this year circulated a petition around campus,
gathering signatures in support of allowing dancing at the
club.
Ivicevich blamed Duet’s failure thus far to obtain a conditional
use permit for dancing on local homeowners, many of whom are
opposed to Duet receiving a permit.
"For years (the homeowners) have tried to impose their narrow
standards on the village," Ivicevich said.
Mallick and other Duet management employees went one step
farther, alleging that they have become the target of a crusade by
local homeowners because the club often attracts a largely African
American clientele.
John Van Arten, Duet’s operations manager, said that there had
been no complaints against dancing when Duet had offered events
such as swing nights, which attracted mostly white clientele when
the restaurant first opened in March of 1997.
"(The homeowners) stand a mile away and throw stones," Van Arten
said, inviting homeowners to come to Duet and see if they still
felt it was not a satisfactory place to dance.
Sandy Brown, co-president of the Holmby-Westwood Property Owners
Association, voiced her concern that the board might get caught up
in extraneous issues and asked them to keep in mind Duet’s
"repeated disregard for the law."
Also on hand was Tracy Reiss, the Los Angeles bureau chief of
the Rainbow coalition, who lent her support and the support of her
organization to Duet.
After hearing public comments and rebuttals from Mallick and
Levine, the board decided to go with the previous ruling, meaning
that Duet’s only remaining option is to appeal the decision to the
city council.
When asked if he would take that next step, Mallick said,
"Absolutely."
Mallick also hinted that he was considering a civil rights
lawsuit as another avenue to getting what he wants.
"You may see this in federal court before you see it in city
council," he said.