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Baltimore County judge’s ruling quiets feud over bar’s loud music
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Judge Thomas Bollinger last week upheld the decision of the county liquor board banning the operators of the Dock of the Bay restaurant from providing live — or even piped — music outside.
Neighbors hailed the ruling as the return of tranquility to the waterfront community.
“I couldn’t sit with my house open on a Sunday afternoon,” said neighbor Kay Sessa. “I’d have to shut my house up and blast my television to drown it out.”
The decision could end a bitter feud between neighbors like Sessa and Dock of the Bay owner Larry Thanner. The county has fined Thanner $7,000 for violating noise ordinances and illegally operating as a nightclub since last year.
In August, the county’s liquor board again told Thanner to stop live outdoor music. But Thanner persisted, arguing the county defines a nightclub as any establishment with live or recorded music. By that definition, Thanner said, any restaurant with a flutist, karaoke, jukebox or even live shows on a television could be illegally operating as a nightclub.
“The law is written so goofy,” Thanner said. “It doesn’t distinguish between the two. And if I can’t have it inside, then I shouldn’t be able to have it outside and neither should the 700 other restaurants in Baltimore County.”
Thanner said he plans to appeal Bollinger’s ruling.
And Councilman John Olszewski, a Democrat who represents Sparrows Point, has drafted legislation that would allow restaurants to have live music as long as they get a special permit, which would not require a public announcement or hearing.
Olszewski said he does know not when, or if, he will introduce the bill, but said he agrees county music regulations need clarification.
“We’ve got to come up with something that won’t depredate the quality of life in the communities but also make sure the businesses are allowed to make a profit, particularly in these tough economic times,” Olszewski said.
jmalarkey@baltimoreexaminer.com
Comments from Examiner Readers
12:38 PM MST on Thu., Jun. 19, 2008 re: "Baltimore County judge’s ruling quiets feud over bar’s loud music"
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11:43 AM MST on Fri., May. 23, 2008
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1:32 PM MST on Fri., Aug. 24, 2007
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Examiner Reader said:
I'm so tired of these people... they even talk the same. We can play our music or make as much noise as we like. Bother you? Too bad. A wise man once said "The day will come when mankind fights noise as he fights the plague." That day is at hand. Ban the Boom Cars!
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Examiner Reader said:
On August 6th,the Liquor Board found Larry Thanner Owner of the Dock of the Bay in noise violation of the playing of outside music in July 2007. This resulted in a $1000 fine and prohibited outside music whether live or recorded. Thanner's appealed and his augument before Judge Bollinger of the Circuit Court was that the Liquor Board doesn't have the authority to prohibit him from the playing of music. Bollinger disagreed and upheld the Liquor Board's decision. Thanner threatens to file complaints against all bars/restaurants with any music in BC if Bollinger's decision isn't overturned in an appeal hearing. So as a "heads up" if you are a tavern owner and have co-existed in a residential community with your neighbors beware of the vengeful actions of Thanner. All I have to say is: SEE YOU IN COURT!!!!!!!!
4 agree | 1 disagree
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Examiner Reader said:
"All holders of liquor licensees shall operate their establishments in such a manner as to avoid disturbing the peace, tranquility, safety, health and quiet of the neighborhood where located. It is the responsibility of the licensee to to take all precautionary measures to comply with this subsection" This is rule 3 paragraph b from the Rules and Regulations of the Baltimore County Liquor Board. It is a condition of owning a liquor license. I applaud judge Bollingers support of the liquor boards findings. Had this particular owner operated his business under these conditions he never would have drawn so much negative attention to himself and to other bars in Baltimore County. As this article states our local lawmakers are involved. Do not allow them to pass legislation that would take away the taxpayers rights to peace and tranquility in their neighborhoods and communities.There is a proposal already on the table. Contact your Councilmen to voice your opposition to such a bill.
19 agree | 1 disagree
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Examiner Reader said:
The State Law regulating Noise is in effect but is NOT being enforced due to a budget cut in 2005. Senator Stone sponsored Senate Bill 49 in 1994 to fund enforcement of the State Noise Law that was in effect but was not enforced due to lack of funding. Senate Bill 49 gave us Enforcement of State Noise Law until 2005. Balto. Co. Noise Law only addresses Domestic related Noise and does Not address Commercial Noise issues. Contact your State elected officials for their support in requiring that the State Noise Law is be enforced.
8 agree | 1 disagree
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Reader said:
I don't care if it's broad daylight, if the music is so loud that people have to shut themselves up in their homes like prisoners, then the music needs to go. I had a similar problem with some neighors; I asked them to turn it down a bit because I couldn't even hear my TV. They basically told me to F off, that because it was in the daytime they could play it as loud as they want. Well, not in Baltimore County, they can't. So, yes, I called the cops. That shut it down.
16 agree | 3 disagree
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Examiner Reader said:
As a personal witness to Mr. Thanner's underhanded tactics regarding testimony at the Zoning and Liquor Board hearings I feel that he has made a mockery of the rules and regulations of Baltimore County Agencies. His constant stirring of the pot and pointing fingers to take the responsibility of his business practices off him has kept these issues current. If he is looking for redemption to be provided from Johnny O. I assure you that Mr. Olszewski will have a political crisis.
70 agree | 62 disagree
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Examiner Reader said:
There have been more complaints filed against the Dock of the Bay restaurant since Larry Thanner has been operating it than there have ever been against the same business with all previous owners. I think this fact speaks volumes. Larry Thanner has been pushing this business past that of a restaurant and a bar and expects his surrounding neighbors to accept and adapt to this situation. The neighbors that live in proximity to the Dock of the Bay restaurant pay far too much in property taxes to have to accept or endure the changes to their quality of lives that Thanners version of a bar/restaurant creates for them.
105 agree | 86 disagree
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Examiner Reader said:
The Environmental Noise Act of 1974 of the State of Maryland declares as policy the limitation of noise to that level which will protect the health, general welfare, and property of the people of the State. It requires that the Department assume responsibility for the jurisdiction over the level of noise, and prepare regulations for the control of noise, including the establishment of standards for ambient noise levels and equipment performance with respect to noise, for adoption by the Secretary of the Environment. Enforcement of the regulation and Standards is the responsibility of the Department in all areas, using the facilities and services of local agencies within the areas to the greatest extent possible. The Department shall coordinate the programs of all State agencies relating to noise abatement, and each State agency prescribing sound level limits or regulation respecting noise shall obtain the endorsement of the Department in prescribing any limits or regulations.
75 agree | 45 disagree
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Examiner Reader said:
It should be noted that this matter elevated to this level only because Mr. Thanner refused to work directly with the residents of the community. Several residents went to Mr. Thanner and asked if the outdoor music could be turned down or stopped at a reasonable time in the evening. When Mr. Thanner refused to work with the community, the residents were forced to take action by filing a formal complaint in Baltimore county. Mr. Thanner purchased the restaurant after Hurricane Isabel. At that time, Mr. Thanner stated (on TV) that he took advantage of someone's misfortune by buying the restaurant after it was completely destroyed. He did in fact remodel and create a nice place to enjoy the Baltimore County waterfront. It's just very unfortunate that he has no respect for the community that has surrounded it many years prior. He also stated that if he has to stop the entertainment, he would file a formal complaint against every restaurant in Baltimore County that plays music.
90 agree | 65 disagree
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Examiner Reader said:
State Noise Law Enforcement was lost to budget cuts during the last administration. Who do you call to get the State Noise Laws enforced?
92 agree | 35 disagree
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Examiner Reader said:
How about a simple solution of legislation for music until 11pm, there are State laws that supersedes the County.
103 agree | 97 disagree
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