Council approves measure to expand musical entertainment in county

Laura Lydic and Josalyn Perez
Baltimore Watchdog Staff Writers 

The Baltimore County Council approved a measure Monday that will expand the types of restaurants and bars that are allowed to provide live music and entertainment at their establishments.

The New Opportunities for Tourism and Entertainment Act (NOTE) expands the definition of nightclub – venues that were already permitted to offer live entertainment – and extends the types of establishments that can obtain a live-music-entertainment permit to those that get most of their revenue prior to 9 p.m.

In addition, the bill expands the types of business zones where music venues can operate from only high-density commercial sectors to lower density zones closer to residential neighborhoods and those near waterways once dedicated mostly to mariners and yacht clubs.

“This legislation would expand eligibility for an establishment that receives more than 50% of its gross revenue prior to 9 p.m.,” said Mike Mohler, the chief administrator of the county’s liquor board. “Because of this pre-9 p.m. revenue definitions, this is the most likely to create opportunities for events like jazz brunches or a Saturday afternoon acoustical guitar performance.” 

In essence the bill’s goal is to support musicians and performers who have been impacted by the COVID-19 pandemic by allowing more businesses to provide live music for longer hours.  Because the previous regulations did not account for businesses that accrue most of their revenue before 9 p.m., the new law will allow daytime live music. 

The council approved the measure on a 5-2 vote, with councilmen Izzy Patoka, D-District 2, and Todd Crandell, R-District 7, voting against it. 

During the council meeting, Patoka suggested adding a one-year sunset measure to bill. He said this would allow the council to revisit the new regulations in 2022 to determine if they were working out or causing problems.

The council decided against a sunset amendment, saying lawmakers could just as easily rescind the law next year if it proves unpopular with county residents or detrimental to the county in any way.

“If done properly, which I think this bill addresses, [the legislation] really can go a long way into … bringing commerce back and helping small businesses when [they] need it the most,” said Councilman Tom Quirk, D-District 1. “I am definitely against the sunset.”

Councilman Wade Kach, R-District 3, said he was concerned about how county enforcement authorities would determine if the music at an establishment was too loud.  

“I don’t see this being a big issue,” said Councilman Julian Jones, D-District 4. “If the music is too loud that people start complaining and they call the police, there are mechanisms in the field to address those concerns.”

Baltimore County Executive Johnny Olszewski, who proposed the legislation in March as a way to help businesses suffering from the pandemic, praised the council for approving the NOTE Act in a statement he released after the vote.

“I’d like to thank the members of the County Council for voting to create new opportunities for small businesses and musicians across Baltimore County with the NOTE Act,” Olszewski said. “Our local performers and businesses need our help to ensure they recover as quickly as possible.”