BRADENTON BEACH – A new ordinance allows businesses to continue using the expanded outdoor seating areas allowed during the pandemic, with no prohibition on live music in those areas.
On Thursday, June 3, the Bradenton Beach Commission unanimously adopted on second and final reading Ordinance 21-533, which allows previously expanded outdoor business operations to continue until further notice as local businesses continue to recover from the financial losses suffered during the COVID-19 pandemic. In doing so, the commission decided live music would no longer be prohibited in those expanded outdoor areas.
Establishments that wish to continue using their expanded outdoor seating areas must submit a new application to the city building department. If the establishment features live music, the application must show where the live music will be performed.
The new ordinance is an amended version of the original Ordinance 20-516, adopted in May 2020, which allowed the temporary expansion of outdoor dining spaces but prohibited live music in those expanded areas. The live music prohibition was never enforced.
With its approval, the commission reversed its stance on the May 20 first reading of Ordinance 21-533, when it agreed that the live music prohibition contained in the previous ordinance would be enforced if the new ordinance was adopted on second reading.
The live music prohibition did not apply to live music performance areas used before the pandemic struck; the expansion of outdoor seating areas was first allowed in 2020.
Notice of enforcement
On Friday, May 28, Bradenton Beach Building Official Steve Gilbert and members of the Bradenton Beach Police Department crafted a written notice that was distributed to impacted and potentially impacted establishments prior to Thursday’s meeting.
The notice of prohibition stated, “Ordinance 20-516, adopted on May 21, 2020, provided for an expansion of outdoor dining due to the COVID-19 pandemic. The ordinance provided for a number of regulations pertaining to the expanded areas allowed. The ordinance also provided for several prohibitions. Section 5 expressly prohibits live entertainment and bands in the expanded outdoor dining areas.”
The notice included an acknowledgment form for the business owner or manager to sign which said, “I hereby acknowledge that I have read this document and agree to cease live entertainment and bands in my expanded outdoor dining area.”
“The city has received complaints of live entertainment and bands in those expanded outdoor dining areas and is responding to these complaints. Be advised that effective June 4, city police and code enforcement officers will begin enforcement of this prohibition. Violations will result in the loss of any expanded outdoor dining areas,” the city notice stated.
Businesses opposed
The Bridge Tender Inn, the Drift In and the Wicked Cantina feature live music in their expanded outdoor seating areas. During Thursday’s commission meeting, Drift Owner Joe Cuervo, Drift In manager Doreen Flynn and Bridge Tender Inn owner Fred Bartizal asked the commission to reconsider its position on prohibiting live music in the expanded outdoor seating areas.
“It’s nonsense to me that you can’t have a tent and you can’t have a band,” Flynn said. “You guys are the ones that promoted Bridge Street to be a destination of fun and nightlife. Why do you want to take that away from us, and take that away from Bridge Street? Most people don’t want to sit inside. They want to be outside.”
Cuervo said most of the Drift In’s live music occurs indoors and their outdoor music usually takes place on Saturday afternoons. He said his establishment has never been cited for a noise ordinance violation and the additional outdoor seating is helping him rebuild his bank account.
“I’ve lost over a million and a half dollars in those seven to eight months. I took all my savings out to keep things going. You tell me what I need to do to keep my tents and have my band in the daytime, from two to six. Anything you all can do to help me I would appreciate,” Cuervo said.
Bartizal said he’s loved Bridge Street since 1953 and it’s become a highlight of Anna Maria Island.
“I really don’t appreciate people who move here lately who try to change it. It doesn’t make any sense. The places we put our bands have always been there. They’re going to stay there. We have gone through thick and thin to keep this thing going,” Bartizal said.
During Thursday’s meeting, Commissioner Jan Vosburgh said, “I think we should do everything possible to help our businesses. They’ve gone through a lot.”
Commissioner Ralph Cole said he sees no reason to prohibit live music in the expanded outdoor areas.
Commissioner Jake Spooner noted the city’s noise ordinance still applies to live music.
“I’m all for continuing the expansion of outdoor dining. If there’s a noise ordinance violation, there’s a noise ordinance violation,” he said.
The Wicked Cantina’s expanded outdoor seating area features umbrellas and temporary fencing. – Joe Hendricks | SunLt. John Cosby said the Bradenton Beach Police Department currently only has two decibel meters, which the officers share. Cosby said the department plans to purchase additional meters so each officer has one.
The only public comment against live music in the expanded outdoor seating areas was at a May 20 meeting, when Old Bridge Village condominium resident Mary Bell expressed opposition to the Bridge Tender Inn continuing its live music in its expanded seating area.
