As she considers her next move in her drive to pump up Baltimore’s entertainment scene, City Council President Stephanie C. Rawlings-Blake should find some solace in Mick Jagger’s rock n’ roll classic: “You can’t always get what you want . . . But if you try sometimes you might find, you get what you need.”
What the council president needs is a plausible way for communities to get relief if new entertainment venues prove to be rowdy, unfriendly neighbors.
Rawlings-Blake has spent several years trying to find the right legal formula to expand entertainment choices in the city without interfering with state law, impinging on property rights or undercutting community input — and then getting a majority of her council colleagues to go along with her. It has proved to be an arduous task. Her much-revised proposal received just enough votes in the City Council at its last meeting to advance.
Fears that live entertainment could promote rowdy nuisance establishments have driven opposition to the legislation, especially from parts of town like Federal Hill or southeast Baltimore with lots of nightlife. So Rawlings-Blake is holding the bill until stronger enforcement measures make their way through the legislative process.
“The Council President has done everything possible to create strong neighborhood safeguards to compliment this targeted expansion of live entertainment,” said spokesman Ryan O’Doherty.
Current law allows restaurants and taverns located in B3, B4 and B5 business districts to have live entertainment as a “as a matter of right, without conditions,” he said. Restaurants and taverns in M2 and M3 industrial areas may obtain live entertainment through a “conditional” use permit from the zoning board. Restaurants and taverns with liquor licenses also need a special live entertainment license from the liquor board.
Rawlings-Blake wanted to increase opportunities for entertainment, whether a business decided on a jazz trio, comedian or indie rock band. Her initial approach was to create an entertainment authority that would grant a license for an annual fee. But protests from local entertainers and artists killed it. In its place emerged a bill that would amend city zoning laws to allow entertainment as a conditional use in B1 and B2 districts.
Sounds simple enough, but businesses would have to go through a 7-step process to apply for permission as a conditional use under the revised Rawlings-Blake bill. In addition, she proposed a dozen review criteria, including impact on traffic, parking, adjacent buildings, fire and police protection. And, if granted, conditions for entertainment use would be included in the permit and forwarded to police and the liquor board.
“This responsible, targeted expansion of live entertainment will strengthen our neighborhoods by making Baltimore a more vibrant city,” said O’Doherty. “The process has been transparent and open in an unprecedented way — and now we have a bill that reflects and addresses the issues that were part of the legislative process. While everyone may not agree with every issue, the status quo was not acceptable to the Council President,” he said.
“It is always easier to do nothing.”
Still, some are wary. They say expanding entertainment uses through the zoning code isn’t the best remedy. “It’s a tough bill,” said Councilman James Kraft, who represents the Canton area where residents have raised concerns about the impact of more entertainment offerings in their neighborhood, which has a popular night life. “The president has a lot at stake in it. She’s worked really hard on it.”
Federal Hill residents also fear they won’t have a fighting chance to restrict new entertainment venues or shut them down if the decibel level or weekend crowds get out of hand. They worry about a proliferation of entertainment offerings — once one restaurant decides to host live music, others will want to do the same to stay competitive.
To add to their concerns is the fact that the law doesn’t permit stripping an entertainment use from a property. Municipal and zoning appeals director David C. Tanner said the key is to place the right conditions on a business seeking permission to offer entertainment. That way “we won’t be creating a lot of nuisances in the community,” he said. “We need to be specific up front. There are tools to use for persistent violators.”
But some violators view the fines as a cost of doing business. A bigger hammer is a court injunction against an establishment that repeatedly ignores or disobeys the law. But Mr. Tanner conceded that he can recall only a handful of cases in which city officials went to court to police a scofflaw.
As a final measure to protect communities, Rawlings-Blake and Councilwoman Rochelle “Rikki” Spector are working on a bill that would allow for the revocation of a conditional use permit for entertainment. That may conflict with a property owner’s rights, but the council members are relying on help from city lawyers.
By ANN LOLORDO
Ann LoLordo was a longtime reporter and editor for The Baltimore Sun.