By Kennedey Conaway
Baltimore Watchdog Staff Writer
Baltimore County Executive Johnny Olszewski Jr.’s proposal to expand the number of restaurants and bars that would be permitted to offer live music and entertainment was criticized by county officials and members of the public Tuesday during a work session of the Baltimore County Council.
Those who spoke at the virtual meeting said they were concerned about possible unintended consequences of the bill. While some said the legislation would open the door to more noise complaints from residents who live close to newly established music venues, others said they worried that the enforcement mechanism in the measure was too harsh.
“I don’t want my colleagues to support a bill that has so many different consequences, that is so sweeping in terms of changing our code,” said Councilman Todd Crandell, R-District 7.
The New Opportunities for Tourism and Entertainment Act would amend existing zoning laws to allow most restaurants, retail establishments and other businesses in the county to apply for a permit to host live music.
When he proposed the legislation in March, Olszewski said the measure would help musicians and businesses that have struggled under the strains of the coronavirus pandemic.
Under existing zoning rules, live music entertainment is only permitted in nightclubs with a Class D liquor license that are located in specially designed business zones.
Olszewski’s proposal would do two things: increase the types of establishments that could obtain an entertainment permit, and allow musical entertainment in business zones that previously prohibited such activities. The result is that hundreds of new restaurants and bars in many different locations could host live and recorded music events.
The county executive’s proposal would build off of a pilot program the County Council approved in 2019 that permitted live musical entertainment in downtown Arbutus and Catonsville.
The bill before the council would also allow the director of the Department of Permits, Approvals and Inspections as well as police chief, fire chief, and health officer to order a restaurant playing amplified live musical entertainment to immediately shutdown if it was deemed a threat to health, safety and the general welfare of the public.
It was this last provision that caused such consternation on the council, with members worried that the bill would give too much power to county officials to shut down restaurants and bars that were playing music too loud.
Councilman Wade Kach, R-District 3, said the bill was unclear on how county authorities would determine whether an establishment was a threat to the public.
“What basis is the police using to say it’s too loud?” Kach asked. “If I understand, the county doesn’t have the equipment to measure noise regulations.”
Councilwoman Cathy Bevins, D-District 6, said she was also concerned about the bill’s language.
“We have to find a middle ground,” Bevins said. “The waterfront restaurants that struggle all winter long aren’t the problematic establishments. You would be cutting them to their knees.”
But Mike Mohler, the chief administrator of the county’s Board of Liquor License Commissioners, said the bill’s intent is not to hurt business owners by arbitrarily shutting down bars and restaurants.
“There is no intent to shut down a business absent of something outrageous,” Mohler said. “We went through the entire county and one establishment was shut down due to COVID and the national average is 17 percent. We have confidence our partners will and want to follow rules but penalize the ones that don’t follow the rules.”
Some residents said they were concerned the bill could create too much noise for neighborhoods that are close to business districts.
Attorney Francis Borgerding Jr., who is representing several residents living on Miller Island, adjacent to Dock of the Bay restaurant, said his clients have been battling for 16 years to enforce regulations on Dock of the Bay’s live musical entertainment disturbing the peace.
“I’d like to ask that you consider a setback requirement to protect my client and other community members,” Borgerding said.
One of his clients, Charles Bolenski, who lives on Miller Island, said The NOTE Act is insufficient and should also have an earlier time limit.
“This bill is severely lacking when it comes to enforcement of rules,” Bolenski said. “Would you like to live next to a bar that is allowed to have music until 11 o’clock at night?”
Local restaurants owners who spoke at the council work session said most businesses were good faith actors who would not play music so loud that it would hurt surrounding residential neighborhoods.
They also said that many county residents want more options for live music so they can stay local rather than driving into Baltimore City.
“I have no interest in having music so loud, or being identified as a nightclub or lounge,” said Kelly Carter, owner of Grind and Wine located in Randallstown. “A lot of my customers want to stay local for live entertainment instead of driving to the city.”
Restaurant owners also said the legislation allowing them to host musical entertainment would help many recover from pandemic shut downs over the past year. They said more entertainment options would help bring communities back together after a troubling year.
Nancy Hafford, the director of the Towson Chamber of Commerce, supported the bill and said live music provided by artists like the Kelly Bell blues band at the Recher Theatre last month gave people a sense of normalcy after a year of lockdowns and anxiety over the coronavirus.
“The musician who had not played in a year – Kelly Bell gave people hope for the future,” she said.
Some residents of local neighborhoods within a couple of feet of restaurants agreed to expanding the rules of the live musical entertainment permit if regulations are enforced.
“We support this bill with the understanding that it reflects that if there are noise concerns, they are addressed,” said Lorrie Geiss, president of the Towson Community’s Alliance, which represents over 30 Towson neighborhood associations.
According to county documents, the bill expands the definition of “live musical entertainment” to include recorded or live music as an secondary source of income for bars and restaurants that make more than half of their gross revenue prior to 9 p.m.
The definition of “nightclub” would be changed to “a commercial establishment with or without the right to serve food…that derives its main revenue source between the hours of 9 p.m. and 2 a.m. as primarily an entertainment venue, provides live or recorded entertainment, with or without a dance floor, and often having a floor show or dim lighting.”