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Topic: small indie theater under threat

Webster Colcord
Film Handler

Posts: 23
From: Alameda, California
Registered: Oct 2003

posted 01-25-2005 01:36 AM

A Series of Unfortunate Events

By Julia Park

The small but scrappy Central Cinema, which opened its doors to offer second-run movies for children and families in December, has unintentionally sparked a conflict between the operator and the city over zoning.

The one-screen cinema is housed in the former Alameda Multi-Cultural Community Center (AMCCC) at 842 Central Ave. and offers casual seating on couches and armchairs in one large screening room. The operator of the business, Alamedan Mark Haskett, said he has been harassed since opening in December by city inspectors over alleged building, code and zoning violations. Haskett said he checked the zoning for the neighborhood, which is C-1, zoned for a neighborhood business district, before opening and believed his planned use conformed to that definition. The AMCCC had shown films on occasion, and both the AMCCC and the previous tenant, a mortuary, used neighborhood street parking on a regular basis.

However, a city building inspector visited the day Haskett opened for business and gave him a letter citing zoning infractions; a later visit from the fire marshal brought a list of fire and safety hazards. Haskett received another letter from the fire marshal in early January with a $250 fine for lack of permits and other infractions.

Fire Marshal Mike Fisher explained, “They opened a theater for commercial use. It’s not zoned for that use. The use permit was not for a theater.” He detailed some of the city’s safety concerns: the projection room is not the required size for safe operation, wasn’t vented properly for the heat generated by projection equipment and there were clearance issues around the moving parts of the equipment. Fisher also cited issues around proper signage, fire extinguishers and storage of film, all of which Haskett said he has remedied.

“We had them create more aisles (around the sofas, which could have caused problems for exiting); they corrected that on the spot,” said Fisher.

“We did the initial inspection, noticed the violations, (then) gave a notice of order to discontinue use of the projector due to lack of permits,” said Fisher. But because Haskett continued to operate without being in compliance, “We issued a $250 administrative citation with a one-time fee.”

Haskett said he was granted a business license in the usual manner in October, as well as building permits for electrical and other upgrades, and, aside from clarification that he was indeed in a C-1 zone, no one questioned his planned use of the building at the time. But 30 minutes before his first screening, city inspectors asked him to shut down. He said inspectors refused to enter the building to check for violations and would not meet with Haskett and his attorney; Haskett also said someone called his film distributor to say the cinema was closing, and Haskett’s credit was revoked. He said of the city, “They’re claiming things that aren’t true.”

Assistant City Manager Paul Benoit explained that commercial theaters are allowed in some areas, but not in a C-1 zone. The nuances of zoning law are such that “If it’s not listed in one zone, then it’s not allowed.” A non-profit agency like the AMCCC running an occasional film is different from a privately operated commercial movie theater, which is also very different from a mortuary, Benoit said. The two issues at hand for the city are zoning and fire safety/building permits.

While Benoit said the Central Cinema is in violation on a number of counts, and is in fact operating illegally at the present time, all is not lost. Benoit said Haskett can apply to the city through the Planning Board to amend the C-1 zone to allow a commercial theater. The process could take up to six months, and Haskett will likely have to shut down during that process, said Benoit.

Neighbors call and e-mail Haskett daily to say how much they love the cinema, and Daysog said he liked the idea of the small “boutique, niche” cinema and felt that any outstanding issues could be resolved happily for all parties. The slippery slope at hand, however, is that the city cannot allow a noncompliant business to operate without regard for city ordinances, said Benoit. Other business owners have voiced their concern over a business operating outside the proper zoning or selective enforcement, and Benoit said if the theater were showing, for example, adult films instead of family fare, the uproar would be enormous. “We don’t have the luxury of saying ‘we like that (family movies) so let’s waive the rules,’” he said.

Because of the complaint and the violations, the city has to follow the letter of the law, said Benoit. “From the city’s perspective, our hearts go out to the guy, but…we really have no choice. It’s flat-out not allowed in the zone and he didn’t get the permits he needed.”

Haskett, the father and primary caretaker of a young son, said his projection room was constructed by a professional projection installer, and that he has met all the fire and safety regulations. His main concern is creating a much-needed space for families and kids to enjoy a movie in their own neighborhood. “That’s my 3-year-old in there – I want it to be safe,” he said. He still shares the space with the AMCCC office, as well as a jujitsu studio and Renewed Hope, a nonprofit housing agency. “Nobody’s going to make a million dollars here,” he said. “This is here for the kids; this is here for the people of Alameda.”

A flurry of e-mail circulating from supporters of the cinema claims that the citation and visits from city officials were politically motivated. But city officials, from Fisher to Benoit to City Councilman Tony Daysog, deny the claims.

“Not true at all,” said Fisher. The original inspection was based on a complaint from a neighbor, officials said, and upon inspection, numerous violations, use permit and city zoning infractions were discovered. “It’s about safety,” according to Fisher.

Daysog concurred. “Nothing can trump safety,” he said.

Benoit pointed to the city code, saying, “We’ve got to keep to the straight and narrow. There is an avenue for the operator to pursue. We’d be fully supportive to working with him to bring him through the process. (But) he would have to shut down until he rectifies the problem.”

Haskett intends to stand his ground. “I’m not afraid of these guys. I’m not going to shut down for six months while they get their heads together.” He said he hopes all parties can work out the issues. “I think (everyone) can be friends,” he said.

A hearing is scheduled for Jan. 25 at 1:30 p.m. at City Hall, City Council Chambers.

article from:
Alameda Sun
see also: Contra Costa Times
And:Oakland Tribune
For information about Central Cinema, go to www.centralcinema.net.