City Proposes Limited Live Events for Bal Theatre

Dan Dillman is a man on a mission. The 39-year-old husband and father of two teenage children envisions a renaissance in southern San Leandro. And he hopes the , which he owns and runs with his wife, Gina, will be the catalyst for the area's revitalization.

Dillman, a longtime San Leandro resident, bought the aging 800-seat theater in late 2008 for $750,000, after falling in love with it years earlier.

A media producer who also owns a computer repair business, Dillman decided he could use the building for his multiple business ventures — perhaps the only way to make the theater an economic success.

During the daytime, the foyer of the once-luxurious Bal serves as storefront and workshop for Dillman's Xzault Media Group and Mac and PC Repairs. In the evenings and on weekends, the theater's single cavernous auditorium is opened, classic films are screened, and comedy shows, live bands and community events take the stage.

But since he organized a sold-out comedy jam last New Year's Eve, Dillman has been with the city over live acts. The city’s zoning commission is expected to vote at its July 7 meeting on whether or not Dillman can continue to host live shows.

Dillman's permit for the theater, approved in 2009, technically forbids live entertainment and assemblies. But that hasn't stopped Dillman from hosting two more comedy jams, a performance by the band Tony! Toni! Toné!, several live-hosted horror movie extravaganzas and a — all since he was warned by the city, in January, to stick to films or risk losing his permit.

The city says the language in that permit is clear. But Dillman argues that the terms "live performances" and “assembly use” are vague. He says he sought clarification from the city shortly after agreeing to the permit's stipulations and was told it only applied to theatrical plays and church sermons.

Despite the city's warning, officials haven't made any moves to yank Dillman's permit. Rather, they've spent the past several months trying to hash out a new permit with the theater owner. Whether the result can satisfy both parties — and the community at large — remains to be seen.

Live entertainment, yes, but only in trios

Under the current draft version of the compromise, live entertainment would be allowed at the Bal, but only three people could be on stage at the same time. That is, unless Dillman is willing and able to make a hefty investment to turn the Bal's simple, concrete platform into a safe, modern performance stage.

Unlike the stages at the nearby Fox and Paramount theaters in Oakland, the platform at the Bal wasn't designed for live performances and hasn't historically hosted them, said William Schock, the city's chief zoning enforcement and building official. "There's a whole different set of requirements," he said.

Dillman disagrees, and points out that he has upgraded safety features around the stage and throughout the theater. He reinstalled handrails along the steps leading up to the platform, fireproofed the curtain, added fire extinguishers, and installed emergency and exit lighting.

Dillman said he hopes the three-person stage limit will be removed before the final permit proposal goes to the zoning commission for a vote. He said he doesn’t have the money for upgrades and wouldn’t want to change the stage anyway.

“Part of its charm is its total originality," Dillman said. Nevertheless, if funds could be found, Dillman said he would consider more extensive renovations.

The revised Bal permit would extend the hours of operation but restrict the number of monthly events.

Dillman's current permit includes a 10 p.m. curfew, which he has occasionally violated. Under the new proposal, the theater could operate Monday through Thursday, 5 p.m. to 10 p.m.; Friday, 5 p.m. to midnight; Saturday, 10 a.m. to midnight; and Sunday, 10 a.m. to 10 p.m.

On New Year's Eve, the theater would be allowed to stay open until 1 a.m.


However, Dillman would only be allowed to host four events per month at the Bal, excluding films. An individual event could include up to three shows in one day, under the proposed permit.

Dillman hopes this restriction, too, will be eliminated in the updated proposal, saying it could hurt his chances at profitability.

Also under the new proposal, Dillman would have to install "no loitering" signs on the outside of the building, which he doesn't like either.

"I don't want to rush people away," he said.

Dillman said he hasn't had problems with loitering beyond the occasional issue with a homeless or transient person, though he has, in the past, confronted drug dealers working the corner.

To help with security, Dillman would be required under the draft permit to hire two private, licensed security guards for the first 100 guests, and an extra guard for each additional 100 guests, at all events except film screenings, magic shows and dance recitals.

Dillman currently uses one guard per 100 guests. Recently, he's hired guards from San Francisco-based security firm Security Intelligence Specialist, Dillman said, although friends and volunteers have worked security at events in the past.

As in Dillman's current agreement with the city, alcohol would be allowed at fundraising events as part of catering orders. 

The theater would still be prohibited from staging live plays or using overhead curtains or stage effects other than lighting and sound.

Finally, if the new permit is approved, the city would review it after six months.

Read about the Bal Theatre's troubled history tomorrow on Patch.