McALLEN — When Darrell Smith bought his home near 10th  Street and Dove Avenue 12 years ago, the neighborhood was a quiet one.

Now, with three bars near surrounding the busy intersection, he and his neighbors are on a quest to silence the noise they say keeps them up at night.

"Almost every night you can hear them," said Smith, 82. "What really bothers me is the whoomp, whoomp, whoomp of the bass. That will rattle your windows and vibrate you out of your bed."

Smith and his neighbors scored their first victory last week when the City Commission voted against giving the popular bar McLain's an alcoholic beverage permit.

The bar, located just behind Smith's neighborhood at the southwest corner of the intersection, has been using a restaurant license - which allows venues to sell alcohol, so long as it makes up less than 50 percent of sales.

But city officials doubted McLain's was really a bona fide restaurant, citing inspectors' inability to order food there, the owner's failure to provide an audit of their receipts and advertisements touting the venue as a bar.

After a slew of residents appeared at the meeting to complain about the noise, the commission voted against giving McLain's an alcoholic beverage permit. It can continue to operate as a restaurant.

"It at least looks like we're going to get a chance to get something done, which would be a big improvement over what's happened so far," Smith said.

The debate over the bars is indicative of the friction facing a city that has one of the youngest populations in the country.

Leaders have tried to use McAllen's nightlife to promote the city as a destination for young people, and North 10th Street has several popular nightspots.

But leaders have also touted their desire for "wholesome" entertainment and are wary of alienating long-term residents.

Pepe Cabeza de Vaca, owner of McLain's, said he respects the commission's decision but he feels like he wasn't treated fairly.

In a letter to city leaders, he write that "we have done everything in our power to make it a win-win situation" with the neighbors.

McLain's has existed for three years, and Cabeza de Vaca has owned it for two.

He attributed the noise that roils neighbors to other bars in the area. Two bars - Dubai and Sapphire - are located across 10th Street from McLain's.

Richard Kuerth, who lives on Cardinal Avenue behind McLain's, said the noise from the bars hasn't bothered him so much.

But he believes the property value of his home, which he bought in 1983, are likely lower than they could be as a result of living by so many bars.

A city memo notes that the majority of sound tests conducted at McLain's had passing value of less than 75 decibels.

Cabeza de Vaca said the neighbors who complain about his establishment are a small but vocal faction.

And he maintains that McLain's is, in fact, a restaurant -albeit not as successful as it could be.

He said he plans on retooling the establishment to provide more casual dining, and it will offer lunch, which has previously been unavailable.

Meanwhile, the fight for 10th Street isn't over.

Later this month, the city commission will decide whether it will renew the alcoholic beverage permit for Dubai, located across 10th Street from McLain's.  Sapphire's permit remains good until February.

Dubai, like McLain's, is less than 600 feet from residences and has drawn the ire of the same community members.

Dubai owners could not be reached for comment on Thursday or Friday. 

Securing a permit would require a variance from the 600-foot rule and will likely result in a battle similar to the one McLain's faced.

As for Cabeza de Vaca, he said he's looking forward to making some changes.

"For me, it will be a lot better," he said, "if it works out the way I hope."

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Ryan Holeywell covers McAllen, PSJA, the Mid-Valley and general assignments for The Monitor. He can be reached at (956) 683-4446.