- October 5, 2024
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What was scheduled as a virtual workshop about zoning text amendments governing restaurants, bars and nightclubs in the city of Sarasota morphed into a dialogue about loud late-night music in downtown.
On June 8, the city’s planning department made a presentation and heard public input about tightening up loose ends in the zoning code to better define how bars, restaurants and nightclubs citywide may operate. The session was not about late-night noise emanating from any such establishments, but that didn’t prevent comments about finding balance between commerce and livability, and about one restaurant in particular, El Melvin at 1355 Main St.
"Our definitions and standards for bars and nightclubs are really tied to the state licensing, and so we have a situation right now with our current code in which there are uses that are classified as nightclubs that really don't operate as a nightclub and then there are other establishments that are classified as restaurants that sometimes do operate as nightclubs,” said Planning Director Steve Cover. “This effort is to update and really be more precise with our current definitions of the various uses, and then also looking into creating standards for outdoor seating and other operations outdoors.
“The goal really is to clarify and administer regulations for these different kinds of uses primarily focused on restaurants, bars and nightclubs. And this will also include elements such as live and amplified music and operating hours.”
John Simon is one of several residents of 1350 Main Condominiums, across the street from El Melvin, who have spoken before the City Commission on several occasions about the restaurant that on weekends becomes an open-air nightclub at 10 p.m., playing loud music until 2 a.m.
“Downtown we have the El Melvin situation, which is a restaurant, and late at night food is stopped, and it becomes a nightclub,” Simon said. “This is a good change, but how does it get enforced? It's quite loud, and the real issue is noise.”
“Noise is not part of this,” Cover replied. “That’s actually a separate ordinance. It's being worked on by the city attorney, and that is expected to come later this year.”
El Melvin co-owner Jeff Good, who was in attendance at the virtual meeting, said the late-night operations have been crucial to the restaurant’s profitability and that he has been working to mitigate the noise complaints.
The location was formerly Two Senoritas, also a Mexican restaurant that occupied the space for 25 years before it was acquired in 2019 by Above the Bar Hospitality Group, owner of El Melvin.
“We've done a lot of work in our restaurant to try to lessen that noise element, and I know people may look at that and say, ‘Well, you're not doing a good enough job,’” Good said. “We have invested in decibel readers. We've done a lot of things that perhaps the public doesn't realize that we're working on. I'm not looking for sympathy or anything. What we're trying to do is strike a balance, run a business and be in compliance with the city.”
Most attendees who commented stipulated that downtown is not just a residential area but a business district as well, that downtown dining and entertainment activities are vital to the city’s vibrancy and that both uses must coexist.
Kelly Franklin, who lives on the edge of downtown in Laurel Park, acknowledged that bars and restaurants rely heavily on weekend and late-night sales but added that their right to operate should not supersede the ease of enjoyment of those who live around them.
“It's not like there's a black-and-white solution, but there are a handful of places around the city like El Melvin that have made their bottom line the only priority, and it impacts people around them,” she said. “Every other one of the restaurants and bars downtown have the same challenges, but somehow are not having that same negative impact on the residents. The fact that there are some outliers make it harder to figure out how to regulate it fairly to maintain the vibrant life without destroying quality of life for those of us who live here.”
More than noise abatement, the goal of the zoning text amendment is to clarify and administer regulations for restaurants, bars and nightclubs based on the intensity of the establishment, including elements such as amplified music and operating hours.
Definitions and standards for bars and nightclubs are tied to state licensing and seating requirements, which has resulted in establishments being classified as nightclubs that don’t operate as such while other establishments are classified as restaurants despite operating like nightclubs late into the evening.
Trouble areas to be addressed are:
Existing definition: A commercial establishment of which the principal business is preparing and serving meals selected from a menu to customers during all operating hours. Meals are prepared within a structure and may be served and eaten on premises.
Difficulty: Clarify that meals can be prepared on or off-site and still function as a restaurant. Some restaurants transition at night by providing live, amplified music and moving tables and seats from the main floor, creating a more intense, nightclub-like use rather than a restaurant use.
Existing definition: Any establishment devoted primarily to the retailing and on-premises drinking of malt, vinous or other alcoholic beverages and is licensed by the state to dispense or sell alcoholic beverages.
Difficulty: This definition does not provide a clear distinction between a bar and an outdoor bar. The definition should be updated to reflect this. This use also currently requires a major conditional use be obtained, which is the same requirement as a nightclub despite differing intensities.
Existing definition: Any building, structure or facility whether temporary or permanent that is built, erected or provided as a location for the purpose of making retail sales of alcoholic or intoxicating beverages, or malt or vinous beverages, as an accessory use to a hotel or motel.
Difficulty: Outdoor bars are only permitted as an accessory use to a hotel, motel or private club with this definition and unable to be considered as a primary use.
Existing definition: Any restaurant, dining room, bar or similar establishment providing food or refreshments that holds a 4-COP liquor license from the state department of business regulation, division of alcoholic beverages and tobacco. Provided, however, any restaurant, dining room or similar establishment that holds a 4-COP liquor license with the "S," "SR" or "SRX" designation shall be deemed an accessory use to the principal use and not a nightclub.
Difficulty: This definition does not consider restaurant establishments that transition into places hosting live, amplified music and serving alcohol late into the evening. Because the definition is tied to the 4-COP liquor license, restaurants that do not act as nightclubs, but require a 4-COP license, must be classified as nightclubs and go through a more intensive review process. Smaller restaurants that are unable to meet the seating requirements for a 4-COP Special Food Service license must be classified as a nightclub as a result of this definition despite functioning as restaurants.
How any changes in the text amendments and a future noise ordinance impacts restaurants that operate into the early morning hours as quasi-nightclubs remains to be determined. For his part, Good said El Melvin is attempting to be a better corporate citizen.
“We are trying to do the best that we can for the restaurant and for our customers and we don't want to look past being a good neighbor,” he said. “We have made efforts, and I believe the police department would understand that. We have taken a business that was kind of going downhill pretty badly and brought that portion of the street back.”
Cover concluded the meeting by reminding attendees that the text amendments will be brought before various community groups and organizations before being heard by both the Planning Board and the City Commission before any changes are approved.
"We want to maintain a vibrant downtown," Cover said. "We want to continue to be vibrant, but there's also a balance you know that we have to focus on, too, as we move forward."
