Lewes residents, restaurants react to patio music proposal

Like a sold-out concert, the Rollins Community Center was standing-room only for a Lewes Mayor and City Council public hearing on a proposed ordinance that would allow restaurants to play music outdoors on their patios.

Some of the residents at the March 4 hearing were concerned outdoor music could shatter Lewes’ quiet nights.

The city is proposing the ordinance to support outdoor restaurants, brewpubs and microbreweries to promote a vibrant community, and to help strengthen the local economy.

According to Deputy Mayor Khalil Saliba, the ordinance would allow restaurants that already have an outdoor patio license from the state Alcoholic Beverage Control Commissioner to apply for a city permit.

He said restaurants then would have to apply to the ABCC for permission to play prerecorded music no higher than 65 decibels.

Public notice of the request would have to be posted for 14 days within 1,000 feet of applicant’s establishment. If 10 or more people request a public hearing, the ABCC will hold one, Saliba said.

Lewes restaurants with outdoor patios, like Striper Bites, Half Full and Bramble & Brine at the Buttery, are among the six to eight businesses that have ABCC outdoor patio licenses.

Saliba said not all are expected to apply for the city permit.

The ordinance would not permit live bands. Speakers could be no larger than 20-by-20-inches and would have to face toward the business. Outdoor music would be limited to the hours of  9 a.m. to 10 p.m. The ordinance, as currently written, does not use the term ambient music or set a maximum permitted decibel level; however, state law requires that prerecorded, outdoor music not exceed 65 decibels.

The most vocal opposition came from people who live on Second Street and nearby streets in the heart of downtown, all within earshot of several outdoor patios.

Richard Grier-Reynolds said even though the speakers would not be right in their backyards, he knows that sound carries.

“If you’re sitting on the deck at Irish Eyes and having a conversation, I can hear you. I know what the band is doing. So whatever happens there is going to come into our home,” Grier-Reynolds said.

Grier-Reynolds presented a petition with 60 signatures from neighbors who he said want the city to rethink the ordinance.

Other neighbors said they are afraid allowing outdoor music could turn Lewes into Dewey Beach.

“Are we moving to become a resort destination or are we a community?” said Diana Reardon, who lives on Market Street. “You need to look at how this impacts residents. We are almost the last people that are considered.”

Matt DiSabatino, who owns Half Full and Kindle, said adding outdoor music will help restaurants stay competitive.

“The idea came about as a way to move forward, give us an edge, set ourselves apart and stay vibrant and healthy,” DiSabatino said. “Why would we jeopardize or disrupt the overall charm of Lewes?” 

Kevin McGuiness is also in favor of outdoor music. He even conducted an unscientific experiment, placing a speaker on the porch at Half Full, facing inward. 

At 65 decibels, he said the music could barely be heard on the other side of Bank Street and faded out at about 25 feet around the corner on Second Street.

Megan Kee, who owns Bramble & Brine at the Buttery and lives above her business, said she puts up with noise far greater than what a little speaker could pump out on her patio.

“I wake up every day at 5:45 because of the road noise,” she said. “The first thing I do is put on music in my home because the noises from the street are unbearable.”

Some of the people who spoke at the hearing were concerned the ordinance would be unenforceable.

“When you say ABC is going to police this, those guys are not going to be here. You’re not taking responsibility,” said Roland Bradley, who lives on Market Street.

Mayor Andrew Williams said there would be consequences for any business owner who takes it to the limit and beyond.

“Their license to get this will come through the ABC. So what’s the enforcement if they don’t adhere to this? Potentially the revocation of their liquor license,” Williams said.

Mayor and city council will take comments on the outdoor music ordinance until close of business Friday, March 22.