Fish Heads fights on

MAT-SU - Bob Stevens, owner of Fish Heads Bar & Grill, near Wasilla, isn't giving up his liquor license without a fight.

On Friday morning, he sent a letter appealing a decision by the state Alcoholic Beverage Control Board that would effectively pull his liquor license for violating Mat-Su Borough ordinances regarding noise vibration and the regulation of adult businesses.

Borough representatives testified to the ABC board Thursday that Stevens has operated his business for the past seven months contrary to the best interests of the public.

In a formal protest of Stevens's license, the borough claimed it had received 88 complaints from neighboring residents concerning noise emanating from Fish Heads Bar between May 24, 2004 and Dec. 6, 2004.

In addition to the noise, the borough protest also stated that Stevens has persisted in offering adult entertainment in violation of borough code, which prohibits adult entertainment at establishments that sell alcoholic beverages in the so-called core area of the borough.

Stevens, however, maintains that the borough ordinance concerning noise and vibration is too vague and he is challenging the constitutionality of the law in district court.

Stevens argued that the ordinance does not state the exact sound levels that might cause a violation. Instead, the ordinance refers to the "vibration perception threshold of an individual."

Stevens claims the wording is too subjective because different sound levels bother different people.

"Tell me the limit and I'll abide," he said in an interview Friday. "I have no way to know if I'm violating the noise level if you don't tell me what it is. I'm not some psycho guy that just sits down here to torment the neighbors."

Murph O'Brien, director of the borough's Department of Planning and Land Use, said the borough has no plans to change the law.

"We feel it is clear and at this point we are not looking at any clarifications," he said Friday.

In a letter written to the borough Feb. 11, Stevens asked Ken Hudson, the borough's chief of code compliance, to "give me a specific volume of music that is compatible with the sound and vibration ordinance."

Stevens said he has already made considerable effort to limit the noise coming from the bar, installing decibel monitors and sound panels to help monitor and control the level of the music.

Stevens argues that some noises, like people driving "boom-boom cars" around in the parking lot, are outside his control and he doesn't think he should be penalized for noise created by cars with loud sound systems.

Borough code has no regulations for sounds generated inside vehicles that are moving on or about any public right of way.

When determining whether the borough was justified in protesting Stevens's liquor license, the ABC board only needed to determine whether the borough's protest was "arbitrary, capricious or unreasonable."

"There had been a district court ruling that found him in violation of the noise ordinance," said Doug Griffin, director of the ABC board. "There was certainly enough evidence there that the board did not think the borough was being arbitrary, capricious or unreasonable."

Griffin said a final decision regarding Stevens's liquor license could still be months away. First, a hearing officer must be appointed to investigate both sides of the issue. This often includes interviewing the defendants and the complainants as well as calling witnesses.

After the hearing officer completes his investigation, a final recommendation is made to the ABC board and the board decides whether to modify its decision.

"The borough or Stevens would then have the alternative to go to superior court," Griffin said. "But at any time during this process, the two sides can resolve the issue."

Contact Joel Davidson at 352-2266, or joel.davidson@frontiersman.com.