DATE: Wednesday, August 27, 1997            TAG: 9708270556

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 

SOURCE: BY BILL REED, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:   73 lines

BEACH RESTRICTS LATE-NIGHT PIZZA SALES ON SIDEWALKS

The city is limiting through-the-window pizza sales along Oceanfront sidewalks at night to ward off behavior problems that develop when throngs of strollers jostle with bar patrons for slices and elbow room.

Several Atlantic Avenue eateries, which traditionally serve passers-by, can no longer sell pizza slices between 9 p.m. and 6 a.m. daily.

In late July, invoking a 29-year-old ordinance that prohibits food sales on public property without a permit, city officials began putting tavern and restaurant owners on notice that they were violating the municipal code.

A letter from resort manager Rob Hudome, dated July 25, directed owners of Giovanni's Pasta Pizza Palace in the 2000 block of Atlantic Avenue, and Chicho's and Xenics, in the 2100 block of Atlantic Avenue, to get a city permit to sell pizza through food service windows opening onto the sidewalk. The three are the only businesses along a five-block stretch of Atlantic Avenue that offer window service to pedestrians.

Operators of all three establishments have obtained the necessary permit, but at least two of them aren't happy.

``I don't like it, and I don't think it's doing any good,'' said John Perros, owner of Giovanni's. ``I personally feel it's not right what they're doing.''

Justification for the city's actions came Tuesday from Deputy City Manager C. Oral Lambert Jr., who said through-the-window pizza sales, especially in the 2100 block of AtlanticAvenue, invariably attract crowds of customers late at night. They block sidewalks, create unruly behavior and force police to post six to 10 officers in a one-block area to maintain order.

``We're trying to chip away at everything we can to improve congestion and behavior, and those sorts of negative things people have been complaining about down there,'' Lambert explained. ``There is no silver bullet - no one action is going to solve the problem. We're not trying to hurt those businesses - we're trying to look at the big picture.''

The window service restriction on pizza sales has been in effect for about two weeks. Lambert and Capt. Ernest E. Rorer, commander of the 2nd Police Precinct at the Oceanfront, says officers see a vast improvement in behavior already.

``There has been a significant difference now that this has been in effect,'' said Rorer. ``It has eliminated the gathering of people - particularly around 2 a.m. when the bars close.''

Matt Falvey, co-owner of Chicho's, disagrees.

``I don't think the problem out on Atlantic Avenue has anything to do with pizza windows,'' Falvey said. ``You can come down here at night now and there's no difference. The same people are hanging out on the sidewalk.''

The 9 p.m. window sales cut-off hasn't helped business, either, said Falvey. ``We keep the windows open and try to get people to come inside.''

That's what the city wants, said Hudome. ``We haven't cut off pizza sales. We just want them (customers) to go inside to buy it. ''

Assistant City Attorney Randolph Blow said the city ordinance invoked to halt late-night window service was adopted in 1968 by the City Council and amended in 1990.

``We decided to enforce it because of the level of complaints we were getting down there and the amount of police resources dedicated to that one block,'' said Blow. ``I've been out there at night, and I've seen 8 to 10 police officers out there just for crowd control. They're breaking up fights and trying to keep people moving.''

The crackdown on nighttime window sales isn't set in stone, said Hudome. ``We want to evaluate it to see if we want to make it (sales cutoff) later or make it earlier. We'll see.'' ILLUSTRATION: PIZZA PERMITS

By invoking a 1968 ordinance

that prohibits food sales on

public property without a permit,

the city is seeking to curb

complaints about behavior.

The permits don't allow sales

between 9 p.m. and 6 a.m.

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