A Baltimore County restaurant owner said he plans to fight thousands of dollars in fines and a law he says unfairly classifies any eatery with a flutist, karaoke ? or even a jukebox ? as a nightclub.
County inspectors repeatedly have fined Larry Thanner, owner of the Dock of the Bay restaurant on Millers Island, for illegally operating as a nightclub after neighbors complained of live music wafting from the popular waterfront establishment until early morning hours. Thanner, whose property is zoned for a business but not a nightclub ? defined by live or recorded music ? paid the fines and agreed to temporarily halt live music outdoors.
He plans to take his fight to the county?s appellate board.
“It?s killing our business, it?s really hurting,” Thanner said. “But I feel like I?ll get redemption.”
The county first fined Thanner in August 2006 for live music and an illegal outdoor tent. Thanner paid the $5,000 fine, but requested a special hearing before the county?s zoning commissioner, according to county records.
Zoning commissioner William Wiseman in May ordered Thanner to cease outdoor music immediately, but the restaurant owner was cited again for music and tent violations in June. Fines totaled $8,800.
That fine was reduced to $1,000 last week.
“We?re fed up with him,” said restaurant neighbor Brad Metheny. “They stopped the live music outside but they still have live bands inside and the back door opens and closes all the time. It sounds like the band it out playing on the bulkhead until 1:30 in the morning.”
The dispute has some county lawmakers considering legislation to clarify what constitutes a nightclub. Councilman John Olszewski Sr., a Democrat whose district includes Millers Island, said the issue is countywide.
“It?s not clearly defined,” Olszewski said. “A lot of people want to hear this outdoor music but at the same time you want to be receptive to community concerns. You want to find a happy medium.”
Other council members have expressed interest in limiting live music to certain hours of the day. Olszewski plans to meet with community residents next week.
