(Picture: Location of 2OH9 as of March 2022 | Google Maps)
The Board of Zoning Adjustments earlier this month unanimously denied a citizen appeal seeking to rescind permits issued to a Decatur Street business they believe is a bar and not a restaurant.
Board commissioners voted 6-0 during a May 2 public meeting, with Jose Alvarez not voting, to deny the appeal, which sought to rescind an alcohol permit, an occupational business license and a certificate of occupancy granted to 2OH9, located at 209 Decatur St.
The appeal was filed by a group of nearby residents over the belief that the Department of Safety and Permits erroneously granted the permits, even after officials learned the business may be used for more than what was listed on its application.
Director Tammie Jackson said the applicant did not violate the comprehensive zoning ordinances, and that the department seeks compliance through submitted documents only and any deviation between actual operations and documents is an enforcement issue.
“She’s only responsible for dealing with information at the time of submission,” Schmidt said. “The problem here is that one, there were some flags at the time of submission. There were some things that were omitted, not required from this applicant as was required from another applicant.”
Schmidt pointed to a four-page document called the restaurant classification form, or an acknowledgement of restaurant use standards, which was not on file in 2OH9’s application, he said.
Schmidt added the issue was brought to the attention of the department, although it was not addressed. Additionally, social media posts, including a video from a blogger showing the inside of the establishment that includes an unpermitted bar on the second floor and VIP lounge on the third.
In early February, less than two months after the permits were issued on Dec. 22, 2021, Schmidt filed the appeal. A city employee issued a “do not occupy” notice to the business following an inspection on Feb. 11.
Additionally, Schmidt said the business lapsed on its occupancy certificate and needed to go back through the zoning use process.
The previous business at that location was a standard restaurant and that the second floor bar is not newly constructed, according to Jackson. In addition, the social media posts didn’t indicate the business wasn’t in compliance, she said.
Jackson said the business had apparently met its burden through the paperwork process, which requires proof of several things, namely that the customers are greeted by a host and seated at a table, alcohol is only served with food at the same table, the menu has at least three entrees (there’s six listed on 2OH9’s menu) and monthly sales of food and nonalcoholic drinks is more than half of sales from food, nonalcoholic and alcoholic drinks.
Ike Spears, representing 20H9 at the meeting, said Schmidt’s appeal filed and paid for on time, although Schmidt said COVID-19 rules delayed the appeal’s timeliness.
In addition, Spears said the occupancy lapsed because of COVID-19 shutdowns and restrictions.
Spears said a “pattern of harassment” will continue of the board did not issue a definitely ruling that the appeal wasn’t timely.
Glade Bilby, president of French Quarter Citizens who spoke at the meeting in support of Schmidt’s appeal, said this case reflects a familiar pattern throughout the district.
He added the city could be in a “culpable” position if there aren’t enough sprinklers, alarm systems or egress in the building in case of a fire.
“I think this is a pattern of applicant’s wanting to sell just more alcohol, which I understand but it also doesn’t do any good for the quality of life [for] citizens in the FQ and the city as a whole when the rules are disregarded so flagrantly,” said Bilby. “It may behoove you all not to just listen to what’s on paper but to actually go out and see an actual fact is going on in some of these properties.”
Just before initiating the motion denying the appeal, commissioner Todd C. James issued a warning to restaurant operators.
“Do understand that no matter what, someone is always going to be watching how something is going operate,” James said. “So if it’s always your intent to operate a bus in a certain capacity, the applicant’ has a fiduciary responsibility to themselves, to their neighbors and anyone else in the public realm to operate in a way that they present themselves in.”