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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.

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