The Hermosa Beach City Council Tuesday night voted to deny a conditional use permit amendment allowing Pitcher House owner Gary “Tootie” Cullen to sell alcohol in conjunction with his already approved service of beer and wine. The vote was 4-1.

According to Hermosa Beach Community Development Director Sol Blumenfeld, two conditions of the CUP are currently out of compliance but the council could re-examine Cullen’s request once he satisfies them.

The matter came before the municipality after two of its members appealed the Planning Commission’s unanimous decision to grant the inquiry for the 53-year-old business located at 142 Pacific Coast Highway.

The Pitcher House is just one of six bars — all of which went out of business with the exception of the Hermosa Saloon — that stood along Pacific Coast Highway during the 1970s. According to Hermosa Beach Chief of Police Mike Lavin and Blumenfeld, the city has received two complaints about the Pitcher House over the last year.

“The two complaints reported were related to loudness and a boisterous patron,” said Blumenfeld. “In situations like this, the general public is not shy about calling our department and complaining, and we did receive a few calls when the live entertainment permit was approved in 1997 but since then we have received very few.”

Cullen submitted his request so that he could compete with nearby bars that sell alcohol, like the Hermosa Saloon and other establishments in the city’s downtown area.

In order to get into compliance, Cullen must install a larger air conditioning system and commission a study of live entertainment noise levels by an acoustic engineer.

Residents living in the adjacent neighborhoods voiced their divergent views on the matter as some favored Cullen’s request while others opposed it.

“I have seen people driving the wrong way on our one-way neighborhood street and leaving their beer bottles in our front yards,” said resident Judith Metzen. “I have called the police at 1:30 a.m. in the morning on the weekends when I can hear the loud music. I only would have called much more often if I knew it was imperative in not approving this request tonight.”

Cullen has attempted to keep the noise down by measuring the audio levels with a decibel instrument and documenting the findings in a log book.

“We take readings in four different spots and the music is always less than the cars driving by on PCH,” said Cullen. “There is no difference in wine and beer from mixed drinks, and my customers want more than just a beer. I have always tried to be a good neighbor, but if I don’t get this approved, I’m probably going to have to sell the business.”

According to the lone dissenter, Councilman Sam Edgerton, Cullen bought the bar in the early 1990s and transformed the establishment into a place worth patronizing.

“I do agree that the CUP needs to be enforced, but we are talking about an air conditioner and an acoustical study,” he said. “I know what the place was and what it is now because I used to live on Second Street. When you sell alcohol other than just beer and wine, you attract a nicer clientele.”

The four remaining council members expressed an interest in possibly revisiting the issue after Cullen fulfilled all of his CUP conditions. Cullen may apply for the same change request again which costs $2,000.

“I visited the bar on two different nights and I got to tell you, the noise from the establishment is pretty loud,” said Councilman J.R. Reviczky. “For my money, you’ve got to fix your CUP before you get any more from me. As far as general alcohol attracting a better crowd than that of the beer and wine patrons, I’ve heard the arguments on both sides.”