Markeshia Ricks Photo
Jose Colon, at right, a new manager at Manhattan Bar & Grill.
The third time was not the charm for a restaurant and after-hours spot looking to offer live music at 422 Forbes Ave.
Though the Manhattan Bar and Grill is under new management, the Board of Zoning Appeals (BZA) Tuesday night again said no to allowing the Annex restaurant a special exception that would permit a DJ to crank the jams a few weekends a month.
In 2010 and 2013, respectively, the owners had asked for an exception to permit the addition of a foosball table and a DJ, and then just a DJ. Both those times, the BZA said no.
Attorney Nicholas Mingione (pictured above at left) spoke at Tuesday night’s BZA hearing on behalf of the owner of the property, Forbes Avenue LLC., and father and son and new managers, Jose and Efrain Colon. He said the establishment came before the board to ask for the exception as a proactive measure.
He pointed out to the board that previous managers had “thumbed their noses” at the rules by having a DJ and daring the city to shut them down.
Mingione also pointed out that other similar businesses in the area like Fireside Bar & Grill already are permitted to have a DJ. “This is not a new or novel idea,” Mingione said.
To further be proactive, Mingione said, the new managers and the owner committed to beefing up security at the bar. They proposed to have one uniformed officer on site for the nights that there would be live music and three off-duty officers working security inside. They also said they would tighten dress code standards and mandating valet parking on night that the DJ would be spinning the tunes.
Annex neighbors urged the board to deny the request. They argued that while the Manhattan Bar & Grill might be under new management, many of the same old problems still exist.
East Shore top cop Sgt. Will Cruz told BZA members that in the eight months that the Colons have been managing the bar and grill, there have been a number of fights inside and outside the club, noise complaints and alleged trafficking of drugs through the establishment.
LCI Neighborhood specialist Lori Lopez said her inspections have found a DJ and equipment being used in the restaurant, which is a violation of the restaurant’s liquor permit.
St. Andrew’s United Methodist Church Pastor Ximena Varas (pictured) said the church, which provides daycare services in the area, is in close proximity to the restaurant and just “does not mix well,” she said. “We don’t consider it a benefit for the community.
Annex Alder Alphonse Paolillo Jr. said city resources are already being drained responding to problems at the restaurant.
City Plan staff recommended that the request for a special permit be denied on the grounds that the application was substantially incomplete.
“This is not a good idea for this location,” board member Ben Trachten said of voting against the exception. “It’s a disaster waiting to happen.”