A Baltimore County restaurant owner is fighting for the right to play music on his outdoor deck in a case he said could affect live entertainment in all county eateries.
Larry Thanner, owner of the Dock of the Bay restaurant on Millers Island, said the county has deemed his waterfront establishment a “nightclub” because it hosts live music on weekends. Thanner, whose property is zoned for a business but not a nightclub, took the classification and two fines to the county?s highest appellate board this week.
The county defines a nightclub, which requires a special zoning classification, as any establishment with live or recorded music. By that standard, Thanner said, any restaurant with a flutist, karaoke, jukebox, or even live shows on a television, could be illegally operating as a nightclub.
“To my knowledge, there are 700 bars and restaurants in Baltimore County that provide entertainment, either a radio or TV or music,” Thanner said. “Tonight, ?American Idol? is on. That?s live entertainment. But that doesn?t make me a nightclub.”
The county ordered Thanner to halt the music after neighbors complained about the noise.
Neighbors said the noise began when Thanner purchased the restaurant, which was destroyed during Tropical Storm Isabel in 2003, and said he has refused to cooperate. County records show he was fined $5,000 in August 2006 and $3,300 in June 2007.
Even indoor music in the island-themed restaurant is distracting, neighbor Brad Metheny said.
“His door is constantly opening and closing when these bands are playing inside, and it sounds like they are outside,” Metheny said. “We?re up to 1, 1:30 in the morning.”
Mike Mohler, who oversees the county?s code enforcement, attended a hearing on Thanner?s appeal Tuesday, but declined comment. The board has not set a date to publicly deliberate a ruling.
