A bar or not a bar? That's the question

Whale's Tail questioned at Zoning Board meeting

      It has been more than four months since The Whale's Tail first opened at 916 West Beech Street, where Lucky's Luncheonette used to be. Like Lucky's, The Whale's Tail dubbed itself a luncheonette, complete with full breakfast menu and a 6 A.M. opening time.
       At the Zoning Board meeting on Thursday, Oct. 26, at City Hall, however, a number of West End residents said that calling The Whale's Tail a luncheonette is a whale of a tale in itself. It is a bar, they say, nothing more, nothing less.
      "When you see people drinking at the bar and people drinking outside, it couldn't be anything else," said Denise Ford, who lives on Wyoming Avenue across the street from the establishment.
      The residents, approximately 15 in all, attended the Zoning Board meeting to argue The Whale's Tail's application to change from a luncheonette to a restaurant. Calling the breakfast shift "a drain on business," The Whale's Tail's lawyer, Tom Sofield, asked the Zoning Board if his clients - owners Brian Braddish, Gregg La Penna and Mr. Sofield's wife, Jeanine - could open at 11 A.M. instead of at 6.
      The Whale's Tail currently closes at 12 midnight and serves breakfast, lunch and dinner.
      "This is a locally-owned business, staffed by local residents," Mr. Sofield said. "My wife and her partners have tried to be good neighbors, keeping in mind the concerns of our community residents and the board members of the West End Homeowners Association."
      Meanwhile, The West End Homeowners Association, of which Ms. Ford is a member, says that The Whale's Tail has been anything but a good neighbor. Loud noise and rowdy customers are common complaints, Ms. Ford said. In addition, the residents who attended the meeting believe The Whale's Tail, with seven TV's, full liquor license, full-service bar and a Friday 2-for-1 Happy Hour, is violating City law by operating as a bar.      
      Although Ms. Ford told The Herald that someone from the State Liquor Authority told her that charges have been filed against the luncheonette for violating City ordinances, no official charges had been filed.
      John J. Laffey, assistant commissioner of the Long Beach Police Department, told The Herald that three complaints-two in June, one in September-were checked and determined to be unfounded.
      By law, the City prohibits the opening of a bar where there was not a bar before. The Whale's Tail's liquor license allows alcohol to be served from a waitress, but not at the bar.
      "I was able to purchase a drink at the counter, and so to me it's just like a bar," said Barry Tramantino, president of the West End Neighbors Association.
      A Zoning Board hearing to rule on the issue has been set for Nov. 16, Commissioner Donald Press said.
      "The people did not have a problem with the restaurant, they had a problem with them using it as a bar," Mr. Press said.
      A letter dated May 23 that was sent to West End residents from City Manager Bruce Nyman prior to The Whale's Tail's opening, said that "we share your concern and we are opposed to the operation of Whale's Tail as a bar."
      Saying that the City Council directed his office to "command" the Building Department to closely monitor The Whale's Tail, City Manager Nyman wrote that "if it becomes a bar - and not a luncheonette (restaurant) - the City will go to court to stop it."
      When The Herald asked City Manager Nyman for his take on the issue, he said that he has been asked by the Corporation Counsel not to comment until the Zoning Board has ruled.
      Mr. La Penna, one of the owners, told The Herald that The Whale's Tail just wants to operate as a restaurant, not a bar.      
      "We're not asking for anything that any other proprietor in town wouldn't ask for," Mr. La Penna said. "We just want an equal opportunity to succeed as a restaurant in the City of Long Beach."