Kathy Mitrevski, right, and Jennifer Alig enjoy a glass of red wine while seated in the side walk dining area of Vigilucci's restaurant on Coast Highway in Encinitas on Saturday. The eatery is only one of two in downtown Encinitas allowed to serve alcohol at sidewalk tables. (Photo by Hayne Palmour IV - staff photographer) ENCINITAS: Alcohol policy irks owners at sidewalk cafes
Restaurateurs say city's rule is unfair
This story has been corrected since its original posting
By RUTH MARVIN WEBSTER - Staff Writer | ∞
Kathy Mitrevski, right, and Jennifer Alig enjoy a glass of red wine while seated in the side walk dining area of Vigilucci's restaurant on Coast Highway in Encinitas on Saturday. The eatery is only one of two in downtown Encinitas allowed to serve alcohol at sidewalk tables. (Photo by Hayne Palmour IV - staff photographer) 
Wine is served at the side walk dining area of Vigilucci's restaurant on Coast Highway in Encinitas on Saturday. The eatery is only one of two in downtown Encinitas allowed to serve alcohol at sidewalk tables. (Photo by Hayne Palmour IV - staff photographer) ENCINITAS ---- Downtown Encinitas restaurateur Paolo Pedrazzani says that one of life's great pleasures is savoring a glass of wine with a plate of pasta at a sidewalk cafe ---- an experience, he adds, that the city is unfairly denying his customers.
Pedrazzani, the owner of Via Italia, isn't permitted to serve alcohol at the tables outside his Italian eatery on Coast Highway, even though two competitors can do it down the street.
Encinitas has a law prohibiting alcohol on public property such as sidewalks, but ---- through a glitch at City Hall ---- two exceptions were granted in 1997. Since then, the city has strictly enforced its law about no alcohol on the streets.
The situation has sparked some unhappiness among downtown merchants and made Pedrazzani and others determined to effect change. All restaurants that serve alcohol should be allowed to do so at outdoor tables, Pedrazzani and his supporters argue.
"(For more than) six years, I have been trying to get someone to hear me," he said last week, at a gathering or merchants outside his restaurant. "I fight ... to bring unique Italian food to Encinitas. And I find it ridiculous that ... (I) cannot serve 6 ounces of Italian wine with pasta."
How it started
The confusion began more than 10 years ago when two restaurants on Coast Highway ---- Vigilucci's Trattoria and Roxy Cafe ---- sought permission from the Planning Commission to erect a permanent railing outside their cafes, said Patrick Murphy, now the director of planning for Encinitas.
The railings complied with requirements from the California Department of Alcoholic Beverage Control that state alcohol can be served on public property as long as a permanent railings separate the space from the right of way.
The Planning Commission granted approval for the railings, apparently unaware that Encinitas had its own ordinance prohibiting alcohol on public property, said Murphy.
Four years later, city officials raised concerns about the safety and desirability of permanent railings on the sidewalk and the wisdom of allowing alcohol to be served there. City staffers researched the issue and found Encinitas' policy had been overlooked.
Still, the issue was roundly debated. Former Councilman Dennis Holz said last week that some folks argued that allowing restaurants to permanently cordon off a piece of the sidewalk was "essentially a gift of public property." Others said it created a nice ambience downtown and would boost the economy, Holz recalled.
In a series of meetings, the City Council decided in 2002 to let the two restaurants continue to keep their railings and serve alcohol outdoors, but to prohibit others from doing so in the future.
"The issue of consistent treatment did come up at the (council) meetings," Councilwoman Maggie Houlian said last week. But, she said, the city had already allowed the two restaurants to create the outdoor space and "you can't just take it away."
She said it would be more unfair for the city to perpetuate "something that was not in the best interests of the community in the first place."
Losing the competitive edge
Other coastal cities allow alcohol to be served on the sidewalk, as long as the state-required railings separate restaurant patrons from pedestrians.
"In Del Mar and Carlsbad and Oceanside and Solana Beach, you can drink outside with a railing, but Encinitas is a different kind of city," said Pedrazzani. "Everybody should be equal. This is not right ---- it is not fair."
Gary Tucker, chief executive officer of the Encinitas Chamber of Commerce, said the city's policy puts some small restaurants in downtown Encinitas at a disadvantage.
"I think that those other cities that allow (alcohol to be served on the sidewalk) are a good example of how this can be handled properly," Tucker said. "Why should we give the competitive edge to others in surrounding areas?"
Roberto Vigilucci, who was granted the exception for his restaurant, also said the Encinitas restriction is unfair. At his Trattoria at the corner of Coast Highway and D Street, sidewalk diners on Coast Highway can buy alcohol, but the patrons at the D Street tables cannot.
"If you go to Europe, you see the restaurants with tables outside and it's not such a big deal," said Vigilucci. "It is crazy that (here) .... you cannot have a glass of wine. But the city of Encinitas years ago, said 'no more railings on the sidewalk' and that was that."
The manager of Q'ero Restaurant on Coast Highway said many of downtown restaurants have talked about starting a petition to encourage the city to change its policy.
"We spend a lot of time planning our menus and pairing foods and wines, and we get handcuffed," said Michael Szepesy, Q'ero's general manager.
"For us, it is a tremendous impact because we are only 11 tables inside and three outside," Szepesy said. "When guests call, and I tell them we only have tables outside but you cannot have beer and wine there, they sometimes go elsewhere."
Campaign Issue
Council candidate Bob Nanninga said last week that he plans to make the "arbitrary enforcement" of the ordinance a campaign issue.
He said he wants to revive the discussion because downtown Encinitas has changed since the council's decision in 2002.
These days, he said, it's hard for small restaurants and wine bars to compete.
"We just want parity and equality for small businesses who want to fully realize their economic potential," Nanninga said last week, at the gathering in front of Via Italia.
"It's not about really about encroachment by tables and service," he said. "(The city) is hiding behind temperance by punishing restaurants who want to serve alcohol. And especially in these lean economic times, it just doesn't make any economic sense."
Contact staff writer Ruth Marvin Webster at (760) 901-4074 or rwebster@nctimes.com.
CORRECTION: Restaurant name misspelled
In a story that ran in Sunday's edition of the North County Times, downtown Encinitas restaurant Via Italia was misspelled. We apologize.
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JSten wrote on Jul 5, 2008 6:16 PM:Let me say first that i have no doubt that corruption and favoritism may play a pert in this decision and the resulting hardship.
However no city should not be responsible for providing or enabling an al-fresco experience for patrons. The owner should provide such through planning and the ruinous review process that local communities put all of their businesses though. Only though equal distribution of the draconian and at times arbitrary application of their idiotic codes can true fairness be achieved.
Nowonder wrote on Jul 5, 2008 7:26 PM:Not a day goes by without an article in the local papers saying you can't do this....you can't do that. I really feel for the business owners in this town trying to make a living, which in turn results in taxes to the cities coffers. No wonder people are staying home saving money. Whats the option? Going to Burger King for a night out on the town...NOT!!!!
Umm.. wrote on Jul 5, 2008 10:58 PM:Okay, want wine in the open air? If the issue of the permanent railing is the answer - then redo the front end of the building to have raisable windows - and sit at them. Preseto. You are 'inside'. .. would you like some Cheese with that Whine?
Yes, it's unfair. So play their game.
aztec wrote on Jul 6, 2008 7:31 AM:A ridiculous restriction. If you agree, contact the politicians who oppose the restrictive policy and let them know how you feel.
Jeff wrote on Jul 6, 2008 8:22 AM:Feel free to ignore this policy
CA observer... wrote on Jul 6, 2008 9:13 AM:To Jeff... Possibly your post says it all. Just like true California tradition if you don't like something
just ignore it. Or perhaps just put a
"spin" on it and turn the facts around,
suing, if you don't get your way. The letters CA often times stand for California but in this case as many other situations it means "Caustic Attitudes".
Bo wrote on Jul 6, 2008 9:44 AM:The outdoor tables should all be removed, they take up too much of the sidewalk.
Mike wrote on Jul 6, 2008 9:44 AM:All we need is more drunks on the street. The city should restrict alcohol at the other restaurants as well to be consistent.
Bill at FVE wrote on Jul 6, 2008 10:29 AM:Having a glass of wine with your wife while enjoying some bread and pasta does not make for a drunk. Encinitas is a beautiful town, I just spent my 4 year anniversary there and enjoyed some wine with my meal at his place, but had to do it inside. It would have been great to sit out side and enjoy the clean ocean air.
Ann J. wrote on Jul 6, 2008 11:24 AM:Yet another reason to vote for Bob Nanninga. Smart and sensible and not afraid to stand up for what is right.
Long Time Gone wrote on Jul 6, 2008 2:28 PM:The only time I remember residents being supportive of the downtown business community was before I-5 was opened; a time when the Del Mar Racing season provided more than ample business traffic from Del Mar to Leucadia. Visits by the Hell's Angels would clear-out downtown quicker than you could blink your eyes. It's been dead for over 40 years! Nothing changes in Encinitas. Not then and not now. Trying to maintain the past is not working. I suggest bulldozing downtown, building high-rise business communities that include restaurants on the ground level, hotels and residence suites above that, and for pete sake; legalize prostitution and generate some real tax revenue! That is the only way to reduce property taxes. For good measure, shoot all the real estate agents and brokers; who by the way, got you into this mess.
Right wrote on Jul 6, 2008 4:10 PM:Someone said something about restricting alcohol at the other places. I have a suggestion....move to Utah!!!!!
Wine with Skateboards wrote on Jul 6, 2008 7:55 PM:Who enjoys a quiet glass of wine with the skateboards running free in the downtown.
John E wrote on Jul 7, 2008 7:08 AM:To a point, the sidewalk tables are fine, but some of the restaurants along 101 interfere significantly with the very pedestrian traffic the whole downtown makeover is trying to promote.
I do not always agree with Bob Nanninga, but he is right on this issue, and I appreciate his consistent voice in favor of local small businesses. Drunks and DUI are a problem; a little wine with dinner is not.
Dawn wrote on Jul 7, 2008 1:36 PM:So, from what I understand is that because some person on City Council a couple of years ago, simply overlooked a policy, and granted permission to two resturants to serve alcohol outside...Well, it seems simple to me, we must keep things fair, and I think that with all the other resturants trying to compete, the policy should be changed. After all, isn't change needed to facilitate growth. Bob Nanninga seems to really have the interest of all downtown buisnesses at heart.
NANNINGA for ENCINITAS CITY COUNCIL
Dan wrote on Jul 7, 2008 3:58 PM:Now that this unfair council directive has been made by a campaign issue in the Nov.4 city council elections I wonder what Mayor Stocks has to say about this.
If I'm not mistaken, like Maggie Houlihan, he was on the council in 2002. What was his position then, and what is it now. The people of Encinitas should hear from it's Mayor sooner rather than later.
Pro booze Bob wrote on Jul 7, 2008 4:28 PM:News Flash!
ENCINITAS: Alcohol suspected in Coast Highway crash.
On Private property great. But to use public property called a sidewalk for the purpose of enriching a private restaraunt by serving booze and restricting the use of the public sidewalk for pedestrians is a giveaway of public land for private boozers and profits.
The results.....unfortunatly alcohol use has some drawbacks. See article in headline.
I can't wait for someone to sue Encinitas because they got drunk on public proterty and then did something stupid and the city will be liable.
Dan wrote on Jul 7, 2008 6:51 PM:How about the merchants who retstrict the public sidewalk with racks of resale clothing, lawn furniture and bicycles, all of which block the sidewalk between Vigalucci's and Via Italia?
Nicole wrote on Jul 7, 2008 6:54 PM:What are we afraid of?
She (Maggie Houlian) said it would be more unfair for the city to perpetuate "something that was not in the best interests of the community in the first place." Who said it was not in the best interest of the community???? I like a glass of wine with my meal. Can anyone give examples of neighboring communities where having a glass of wine outside has had a negative impact? Is the City of Encinitas capable of using some common sense which could result in more revenue???
Jonah wrote on Jul 8, 2008 8:14 AM:From rural to suburban to urban, Encinitas is changing. City Council should let downtown business owners adapt to changing times and economic reality.
A young Republican, I'm voting for Nanninga
Linda wrote on Jul 8, 2008 4:38 PM:It is a bogus arguement that says using "public property called a sidewalk for the purpose of enriching a private restaraunt by serving booze and restricting the use of the public sidewalk for pedestrians" since we have so many restaurants that do not serve alcohol that have encroachment permits to place tables on city sidewalks. In addition, each restaurant is required to have a certificate of liability holding the city harmless against any lawsuits. You cannot "sue Encinitas because they got drunk on public proterty and then did something stupid and the city will be liable".
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