SNOW HILL – County officials reduced entertainment hours at an Ocean City restaurant in response to noise complaints from neighbors.
After a lengthy hearing Monday, the Worcester County Board of License Commissioners (BLC) found that two violations occurred at Saltwater 75 and subsequently adjusted the music and entertainment hours at the 75th Street establishment.
“Near the bustle and excitement of OC, there are peaceful neighborhoods of wonderful year-round residences,” neighbor Carol Armstrong said. “Our neighborhood was one of these peaceful places until BJ’s indoor music was replaced by Saltwater’s outdoor music. We appreciate the county liquor board’s action to protect our homes.”
The BLC convened Monday to hold a hearing regarding alleged violations of the Alcoholic Beverages Article by Saltwater 75, the new restaurant at the former site of BJ’s on the Water. Numerous neighbors were in attendance to share their concerns about the noise emanating from the facility and its bayfront beach. Armstrong said the outdoor music started at 10 am and went until midnight. She added that when the restaurant hosted live music, it wasn’t the acoustic guitars neighbors had expected, as it was amplified. When asked by Joe Moore, Saltwater 75’s attorney, if she’d called the restaurant or the police about the noise, Armstrong said she’d called the restaurant twice and she’d called the police when the app on her phone said the music was beyond 70 decibels. She said that by the time police arrived, however, the music had been turned down. Moore pointed out that phone apps weren’t capable of accurate measurements.
“Those devices are not allowed to recognized decibels because of ambient noise,” he said.
Neighbor Ruth Vernet said the restaurant’s owners hadn’t kept their promises about being cognizant of noise in the neighborhood.
“We are being disturbed by this music,” she said, adding that it was on 14 hours a day.
Moore said Sgt. Doug Smith of the Ocean City Police Department (OCPD) had visited the area 28 times to check noise levels.
“It has not registered any violation of the Ocean City noise ordinance,” he said.
Neighbor Frank Vernet said that while the levels might be within allowable limits, when the music was on 14 hours a day it was intense. Other neighbors said they hadn’t had problems when BJ’s was open but that entertainment had been inside and the doors had been closed. Neighbor Nancy Burdett said she could hear the lyrics of every song played at Saltwater 75.
“It is a ridiculous nuisance,” she said. “We’d like you to support and respect our homes.”
Smith, who’s been with OCPD more than 20 years, said he’d visited the neighborhood numerous times to do baseline testing of the noise.
“Ocean City is not a quiet town,” he said, referencing highway traffic, boat engines and car doors slamming. He said in many cases the ambient noise exceeded the allowable decibel level.
Smith told the board he’d attended a meeting between the restaurant’s leadership and the neighbors and felt Saltwater 75 owners were making efforts to address concerns.
“In my opinion they’re trying to work with the neighbors,” he said. “I don’t think they’re there yet.”
Moore said the restaurant was in a commercial district and that staff had been careful to end live entertainment by 7:45 p.m., even though the specified time was 8 p.m. He also introduced two musicians, who said they were acoustic performers but that they used speakers. They said that was the norm in the Ocean City music scene.
“In this day and time with large groups it’s impossible to go completely acoustic,” one musician said.
Neighbors, however, said they felt acoustic music shouldn’t have any electric amplification.
Saltwater 75’s Marc McFaul said he’d opened more than a dozen restaurants through his career and always made an effort to work with neighbors regarding any concerns.
“We’ve tried to answer every call,” he said. “We’ve turned down the music. We’ve moved the stage … This is definitely a tough one but we will do it and become successful in being friends with our neighbors. We will do everything we can.”
Saltwater 75’s Chris Reda agreed. He said restaurant management had tried to make themselves available to neighbors.
“We’re going to keep moving stuff around to see what works,” he said.
After hours of testimony, the board found that two violations occurred. The property operated in such a manner that it disturbed the peace and tranquility of the neighborhood and the property also hosted music on its second-floor deck when it wasn’t supposed to. The BLC went on to alter the hours Saltwater 75 can play music. Background music outside is now only allowed from noon until 9 p.m. All outside speakers must be turned off after 9 p.m. and all doors and windows must be closed. Acoustic music through speakers will be permitted on the beach from 4 p.m. to 8 p.m. No live entertainment is allowed on the second floor of the restaurant.
Armstrong said the reduction in hours of background music, which had previously played from 10 a.m. until midnight, was expected to make a huge difference for residents of the area.
