by Kevin Cody
Pedone’s Pizza narrowly averted loss of its after hours online takeout business at Tuesday night’s City Council meeting, which owner Michael Scibney contended would have resulted in a “slow death” to the five decade’s old, downtown institution.
The council hearing on Pedone’s hours was convened because of “two after hour, alcohol related violations between August 2023 and September 2023,
‘ according to a city staff report.
Last month the Planning Commission ordered a seven-day suspension of Pedone’s beer and wine license, and revoked its permission to accept online takeout orders after closing time.
During his address to the City Council, Scibney acknowledged ABC issued him a citation for serving alcohol after the 2 a.m. legal cutoff. As a result, the ABC issued a 15-day suspension of his alcohol license.
But he said the second citation, issued by the city, was for remaining open after the 12 a.m. closing time listed on his Conditional Use Permit.
Scibney said he has remained open until 2:30 a.m. on Fridays and Saturdays, since he bought the restaurant 19 years ago.
“I kept the same hours as the previous owner kept. I didn’t know about the 39-year-old CUP,” he said. The CUP was issued in 1984, according to the staff report.
Scibney appealed to the council to run his ABC and Planning Commission alcohol license suspensions concurrently, and to restore his right to after hours online takeout.
He told the council that, like other restaurants, he was struggling in the post COVID era with higher employee wages, higher food costs, higher utilities, and a rent increase.
“It is impossible for me to survive without online food orders until 2 a.m.,” he said. “I’ve been a resident of Hermosa for 21 years. I’ve owned Pedone’s for 19 years. I’m not a problem business. I’m not a problem person. I work 65 to 70 hours a week. 85% of my sales is food,” he told the council.
He added he is one of the few downtown restaurants whose kitchen is open late.
“Most restaurants close their kitchens at 9 or 10 p.m. We’re one of the few late night places where people can get food,” he said.
The server responsible for the ABC violation also addressed the council.
“I screwed up,” she said. “I’ll be forever sorry for putting my fellow servers and the owner in this situation.” Following the citation, she took an ABC class for servers, she said.
“I believe in second chances,” Councilman Raymond Jackson told Scibney. “But I’m also a firm believer in taking responsibility. It’s tough believing you bought a business, and did not know the rules for that business. If you stood up and said mea culpa, I’d be more understanding. But you offer nothing but excuses. You point the finger at everyone but yourself.”
Mayor Justin Massey similarly questioned Scibney’s credibility.
“There’s a ‘dog ate my homework’ aspect to this,” Massey said.
“This is an egregious failure to properly operate an alcohol establishment. It’s a privilege to operate a business in our city…. I’m open to a longer suspension of your CUP,” Massey said.
Councilman Dean Francois countered, “There’s blame on both sides. The city went years knowing Pedone’s was open late, and made no attempt to personally contact the owner and solve this.”
“I’m sympathetic to long-time business owners,” Francois added. “I’m leaning toward allowing after hour online takeout. Give him the benefit of the doubt and allow him to succeed,” Francois proposed.
Councilman Mike Detoy said he also was “sympathetic to a long standing, small business,” and favored allowing after hours, online takeout orders.
Councilman Rob Saemann proposed separating the ABC violation from the CUP issues.
“I’m fine with the punitive measures imposed by the ABC, and the Planning Commission,” Saemann said. But he did not agree with Massey and Jackson that the Pedone’s owner must have known the hours permitted by his CUP.
“I was an investor in a Hermosa restaurant. The partner running the restaurant didn’t have a clue what a CUP was,” Saeman said.
He proposed allowing Pedone’s to accept online takeout orders until 2 a.m. on Fridays and Saturdays, and until midnight Mondays through Thursdays.
If Pedone’s wanted to provide after hours takeout, Jackson said, “It’s not asking too much that he go through the CUP process.”
Saemann asked Development Director Carrie Tai the cost of a CUP modification request, and how much time it would take. Tai said the application fee is $5,000, and it would be three months before the Planning Commission could consider the request.
“It would be punitive to make him pay $5,000 to apply for a CUP modification and wait 12 weeks for a Planning Commision hearing. This is a well established business,” Saemann said
Saemann then confirmed with City Attorney Patrick Donegan that the council had the authority to modify Pedone’s CUP to allow after hours takeout.
The two hour hearing concluded with Saemann making a motion to allow Pedone’s to accept online takeout orders until 2 a.m. on Fridays and Saturdays, and until midnight Sundays through Thursdays. The motion also set Pedone’s closing hours at midnight Fridays and Saturdays and at 11 p.m. Mondays through Thursdays.
Francois and Detoy joined in approving the motion. Massey and Jackson voted against it. ER
