As city of Frederick officials consider new rules for restaurants with entertainment, business owners are asking them what problem they are trying to solve.
Business owners made clear to Mayor Randy McClement and the Board of Aldermen at their workshop Wednesday that requiring restaurants to get a new license to have entertainment would not solve the city’s problems of late-night rowdiness downtown.
Former Mayor Jennifer Dougherty, owner of Magoo’s on West Second Street, asked the officials to go out downtown on a weekend night before making such broad changes.
Former Mayor Jennifer Dougherty, owner of Magoo’s on West Second Street, asked the officials to go out downtown on a weekend night before making such broad changes.
“Why don’t you see what is actually going on in our city before you make the move,” she said.
The elected officials have been discussing changes to their rules since January. City police have told the officials that some restaurants aren’t following the rules set out by the Zoning Board of Appeals on when their entertainment must end at night. When all the entertainment ends and bars close at 2 a.m., it causes excessive noise and disruptive behavior.
The county liquor board and police department are looking for a way to better enforce the rules, and the zoning board is looking for more clear guidelines for the rules it creates.
The aldermen said Wednesday they understand a new license may not be the solution. The answer may be to give police and maybe liquor board inspectors the ability to immediately issue citations to businesses breaking the rules, and to increase fines for those repeatedly breaking the rules, they said.
The officials are also considering eliminating the zoning board approval process, making it so that businesses naturally have the right to offer entertainment, under general rules outlined in city code, such as the entertainment must end at a certain time and amplified sound must be a certain distance from homes.
Businesses are looking for a simplified process and do not feel that licensing is the best solution, said Kara Norman, executive director of the Downtown Frederick Partnership.
The partnership would support changes to the city’s code that would change the fines for those breaking the rules, despite how state law requires the city to cap the fee at $1,000 for each violation, Norman said.
“One thousand dollars is a big deal,” she said.
Phil Bowers, owner of five downtown restaurants, said that the city’s licenses are already hard to manage. Another license would just add another layer, he said.
Amber DeMorett, owner of Bushwaller’s, asked the officials to take a step back and rethink their original goals.
It seems like the city has rules it needs in place, but it has failed its residents by failing to keep track of the rules and enforce them properly, she said.
Alderwoman Kelly Russell said adding a new license may make the situation more complicated when only a few businesses are not following the rules.
The city needs a way to immediately punish the restaurant breaking the rules rather than just sending a notice to the business owner later, Russell said.
“When a dog does its business in the carpet, you need to be able to put its nose in it right away,” she said.
The aldermen asked city staff to outline the pros and cons to each approach and come back to another workshop for discussion.
