Edwin Allen's Zora Bar & Rooftop denied bar status request

Aug 12, 2023

In an open-and-shut case, the city of Des Moines Zoning Board of Adjustment unanimously voted to deny restaurateur Edwin Allen III's request to rezone his currently shuttered Zora Bar & Rooftop nightclub to allow for a greater volume of alcohol sales.

Zora, located at the corner of Ingersoll Avenue and Martin Luther King Jr. Parkway, sought bar status as opposed to its current approved use as a restaurant. Under Iowa law, restaurants must derive at least half of their revenues from sales of food as opposed to alcohol.

The request came as the result of a state audit that dinged the establishment for declining food sales, showing they account for just 32% of its revenues. The city sent a notice to Zora that it must either comply with the law or seek bar status. The state in the meantime had ordered it to cut off alcohol sales after 10 p.m., and Allen closed the business.

Allen was not present at Wednesday’s meeting to argue Zora's case and no speakers registered in support or opposition. The city has sued to have to have Zora declared a public nuisance, citing several shootings, one of them fatal, and assaults and riots on the property.

Allen has countersued, demanding $10 million from the city for what he says is an attempt "to make a business bankrupt" without due process.

Board Chair Mel Pins said a request for a change in status to bar from restaurant might routinely be allowed, but not for one with Zora's track record.

“Sometimes a business begins as a restaurant and they may receive a liquor license from the city. Maybe they determine that, 'Gosh. 51% of our sales are alcohol. We need to apply to be a tavern.' Many do that and do it fine," Pins said. "But it seems to me that we have a case where, for the last two years, this has been an operation that has ran much like a teenager without a driver's license, driving all over the place and causing chaos."

“Putting a bar here would only intensify what is currently going on, which is detrimental to the health and safety of the community," said board member Justin Gross. "If this was a bar, it would continue and get out of control."

The board had been slated to vote on the request at its June meeting, but when two members failed to show up for that meeting, Allen decided to stall the decision to Wednesday. To win approval, an appellant must receive support from at least four members of the seven-member board.

The board received evidence from city staff that Zora couldn’t reasonably guarantee the safety and welfare of individuals residing near the nightclub and wasn’t sufficiently separated from the adjoining residential area to prevent noise complaints.

The Des Moines Police Department said that in the two years preceding June 1, it had received 133 calls for service at Zora. Of those, more than half were classified as complaints about “disturbing the peace,” it said.

The others included reports of disputes, assaults, fights and last November's fatal shooting of a man in the parking lot, for which there has been no arrest. Staff added that since Allen’s original hearing date, police have received additional complaints of loud music and more gunfire.

With the board’s denial, Allen won’t be able to re-apply until a year from now unless the board decides Zora's circumstances have substantially changed. He also may appeal in district court.

Allen could not be reached to learn if he plans to do so.

He placed Zora on sale in March, asking $4 million, though the assessed value is $1.5 million. Allen reportedly paid $5 million to build the club, which opened in summer 2021.

Allen has faced a variety of personal legal problems since then.