THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, November 18, 1994 TAG: 9411170198
SECTION: VIRGINIA BEACH BEACON PAGE: 04 EDITION: FINAL
SOURCE: BY JAMES FRASCA, CORRESPONDENT
LENGTH: Medium: 97 lines
Oceanfront club owners say there is ``a conspiracy'' to shut down several Atlantic Avenue bars in an area known as ``The Block,'' near 21st Street.
State and city officials, however, deny using ``Gestapo'' tactics to shut them down.
John Riley, owner of Hammerheads, said that Alcoholic Beverage Control agents, undercover police and fire marshals came to his establishment ``looking for problems'' a total of 19 times between March and August of this year. Riley has never been charged with any violation of state liquor laws.
``I think there's a conspiracy among certain City Council officials, the ABC, the Police Department and the Fire Department,'' Riley said.
Councilman Linwood Branch III denies such charges. ``From the city's point of view, there is no attempt to close down any businesses,'' he said.
ABC Chairperson Catherine Giordano said the agency is responding to concerns voiced to her by several city officials, including the police and fire chiefs and the city manager.
``They were concerned about the number of young people who were unruly and appeared to be drunk in public,'' she said. ``They asked us to cooperate with them. There had not previously been a cooperative relationship.''
The Holiday Inn located across the street from Hammerhead's also boasts a clean record with the ABC. By contrast, Holiday Inn assistant manager Cindy Lyons said her hotel is visited by ABC agents ``once or twice a year,'' an average that Hammerhead's attorney Sullivan Callahan describes as ``normal.''
``Sometimes they continue to send agents in to build a case until they get 10 or 15 charges against you,'' Callahan explained. ``If the ABC agent was not of a Gestapo frame of mind, he would help you. You're not getting fairness. They are basically taking these people's property without any regard for due process.''
Robert Chapman of the ABC Public Affairs Division said bar owners should usually expect visits from ABC agents ``two or more times a year. If there are complaints,'' he said, ``they may need to keep going back.''
Riley said his business has suffered due to what he calls harassment by the ABC.
``My numbers are off by 35 percent since last September because our customers are being harassed,'' Riley said. ``(On a recent) Thursday, three ABC officials stormed in when we were busy. They started taking my patrons into the kitchen to make them prove they were 21. They did this to six of my customers. Within an hour, all of my customers left. It just ruined the mood.''
Sarah Friend of Virginia Beach was among those questioned by ABC officials at Riley's establishment. ``They were jerks about it,'' she said. ``You can't go anywhere and have a good time.''
Keith Berger, proprietor of Keifer's on Atlantic Avenue, said he is being charged with a bookkeeping violation that occurred before he owned Keifer's.
``The ABC is using the record of the past owner to hassle me,'' Berger said. ``The ABC should be set up to help us, but they're not doing that. They're the Gestapo of bars.''
Berger said he could lose his liquor license due to the outstanding violation.
Joe Findley, owner of Fin's on Atlantic Avenue, has never been charged with violating state liquor laws. Promotional fliers for a rock band appearing at his club feature Charles Manson's face and the words, ``Charlie says be there.''
And ABC agents are there, Findley said, nearly every weekend.
``I'm really scared to say what I want to say,'' Findley said. ``They could come in here any minute. They're trying to close us down.'' Findley said that ABC regulations are so strict that ``75 percent of the bars aren't legal'' and predicted that ``I'll see some retaliation for saying this.''
Alex Asercion, owner of The Edge on Atlantic Avenue, echoes his neighbor's concerns.
``This year I've had 32 visits from the fire marshal and 26 visits from the ABC,'' he said. ``Last year I had three visits from the fire marshal and one from the ABC.
``We feel they're trying to get rid of the bar,'' Asercion said, adding that it's not the ABC so much as ``local politicians who have got it in for this block.''
The ABC has charged Asercion with failure to keep accurate records as well as an advertising violation and insufficient food sales. ABC regulations require that food and non-alcoholic beverage sales total at least 45 percent of revenues in any establishment that offers liquor for consumption on the premises.
Councilman Branch called allegations of a conspiracy to close Atlantic Avenue bars ``patently untrue.''
``There's a lot of concern about behavioral problems,'' Branch said. ``We've hired more police officers and authorized more overtime. We will continue to try and create a safe atmosphere down here.''
Giordano said that allegations of overzealousness by ABC agents are ``not true'' and added, ``Our agents go into all the establishments periodically because that's what they're supposed to do. The fact that these bar owners feel they've been singled out makes me question what they're so sensitive about.''
Giordano added that licensees are encouraged to attend informational seminars sponsored by the ABC. ``If they have problems or questions, they should be calling us,'' she said. by CNB