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Woody’s Wharf to appellate court: Shall we dance?

Woody's Wharf heads back to court Friday over nighttime dancing.
(Don Leach / Daily Pilot)
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<i>This post has been corrected, as noted below</i>

A lawsuit between Newport Beach and a popular restaurant will head back to court Friday.

The issue of whether patrons can dance late into the night at Woody’s Wharf ended up in court last year after the City Council denied permits needed by the restaurant for dancing and extended hours on its outdoor patio.

On Friday, a three-judge appellate panel will hear arguments as to whether the council violated city code when it overturned the Planning Commission’s approval of dancing and extended patio use, said Roger Jon Diamond, an attorney for the restaurant.

A decision could take months, Diamond said.

In May, an Orange County Superior Court judge rejected dancing at Woody’s Wharf, a spot at 2318 Newport Blvd. that draws restaurant patrons during the day and transforms into a hub of social activity for those who frequent the bar scene that takes over the Balboa Peninsula at night and on the weekends.

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Judge Derek Hunt also ordered the restaurant to stop using its patio past 11 p.m. and barred it from removing tables and chairs from the interior dining area to create a dance floor.

The day the order was filed, attorneys for Woody’s Wharf filed a motion to appeal the decision, according to court records.

Woody’s owners also are awaiting a court date for a civil rights lawsuit filed in response to the council’s decision, said co-owner Mark Serventi.

The city had issued the restaurant several citations for dancing, which led the owners to request the permits necessary for customers to dance.

Woody’s existing permits allowed live music but not dancing, according to city records.

Woody’s owners contend the city has treated them unfairly by issuing dance permits to other restaurants and allowing them to operate patios until closing.

The Planning Commission approved dancing and extended patio hours at Woody’s in September 2013. But after hearing concerns from residents on the peninsula, then-Councilman Mike Henn appealed the decision to the City Council, which voted 4 to 1 to deny the permits.

That is when Woody’s owners took the issue to court, arguing that prohibiting dancing and patio use past 11 p.m. would cripple the business.

Woody’s indoor capacity is 98 people. The patio can fit 66 additional customers, Serventi said.

The restaurant opened in the 1960s and changed ownership in 2002. The owners contend they simply want to continue operating it, as they always have.

“Woody’s Wharf vitally needs patron dancing, which it always has, and needs its patio to remain open until 2 a.m.,” Greg Pappas, another Woody’s Wharf co-owner, wrote in court documents. “What the city is seeking by its preliminary injunction request would destroy Woody’s Wharf.”

However, residents have long complained that noise caused by revelers at Woody’s has disrupted their quality of life.

“As the Newport Marina project gets built right next door to Woody’s, it’s inappropriate for the establishment to be able to operate like a nightclub,” Henn said Wednesday. “It’s a recipe for ongoing complaints and problems.”

[For the record, 4:55 p.m. Dec. 18: An earlier version of the photo caption said Woody’s Wharf wanted nighttime dancing on its patio. Dancing is not on the patio at the establishment. An earlier version of the story said Woody’s had been issued citations for noise. Woody’s was issued citations for dancing.]

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