Sounding off: County Commission candidates speak up on the noise issue

Published October 27, 2010 It’s been 10 months since our in-depth report on Sarasota County’s harsh noise and entertainment laws(printed Jan. 27), and not much has changed — except for all the musicians who have left town. Under Sarasota County’s entertainment ordinance, local establishments are not permitted to have live (human) entertainment past 10 p.m. unless they are granted a special exception. There are currently nine businesses in commercial zoning areas of the County that hold exceptions: The Hub Baja Grill, Daiquiri Deck Raw Bar, Siesta Key Oyster Bar and Captain Curt’s on Siesta Key,Pastimes and Boar’s Head in Gulf Gate, Nightlife Center on the South Trail, Kirby’s on Stickney Point, and as of two months ago,The Hoosier Bar in Osprey, with The Beach Club exempted by a grandfather clause. No other place is allowed so much as a mime after 10 — no complaint required. Aren’t arts and entertainment supposed to go hand in hand? We asked the candidates vying for County Commission seats — District 2 incumbent Joe Barbetta and challenger Cathy Antunes, and District 4 incumbent Nora Patterson and challenger Mark Hawkins — what they think. CL: What are your thoughts on Sarasota County’s “entertainment ordinance,” which states that live entertainment must cease at 10 p.m. every night of the week? Joe Barbetta: “Actually, there are several places that can. They just have to come in and get a special exception. We haven’t had any complaints in the county from places that can’t play past 10 o’clock because they know that they have an option.” Cathy Antunes: “It’s highly restrictive. I understand that we need to protect neighborhoods and people’s right to enjoy their home, but in some areas we need to have a vibrant nightlife for young people.” Nora Patterson: “The original purpose is because live entertainment attracts crowds and there’s a lot of bars and restaurants in residential areas. If you attract crowds at night there’s a lot of people in the parking lot that slam doors and things and disturb residents.” Mark Hawkins: “I think it’s absolutely crazy. We’ve got 21,000 people out of work. We’re trying to bring in these diverse bio and tech businesses and they’re not going to want to go to bed at 10 at night. We have to have entertainment zones.” In February, the Sarasota City Commission voted unanimously to extend live music cut-off times for businesses zoned for the downtown core until 11 p.m. on weeknights and midnight on weekends. Would you be in favor of a similar change to the county’s laws? JB: “If we have a groundswell of people asking for that then we will look at it. We all try to go out and have fun on the weekends and we all want to be able to sleep. All in all, I think we have a pretty balanced ordinance.” CA: “I’d be in favor of a change like that in designated areas if it makes sense. If we’re going to be a vibrant community that encourages the arts it’s hard to do that if all the sidewalks roll up at 10 at night.” NP: “I think it’s worth discussing. In the past the noise ordinance has been unenforceable. But in the past year the police and the county have come together to have a rational discussion and we’ve achieved quite a lot.” MH: “You have to look at different areas in different ways and be able to police the venues and hold people accountable. But you put that into place and it’s all good. You put the elements back on the bar or restaurant owner. You don’t make it a government thing.” Do you feel there should be more than nine establishments in the county that hold special exceptions? JB: “If the demand is there. We don’t have any set number limiting it to nine, that’s just all that have asked for them. We haven’t been getting any emails from people wanting more and we haven’t been getting any applications.” CA: “You always have to ask what are the benefits and does anybody get hurt. Yeah, more than nine certainly. But let’s make sure that we have a mission that it’s a positive thing all around.” NP: “You certainly would expect there would be more than nine in the whole of Sarasota County. One of the complicated things is there’s an older population that wants to go to bed and there’s a younger population that doesn’t go out until 10 at night.” MH: “The sad part is these guys who play this music, we’re hurting their ability to make a living. When you turn off entertainment at 10 and turn on the jukebox you still have noise and people. All you’re doing is not letting them make a living doing what they want to do.” A number of business owners have estimated the overall cost of obtaining a special exception to be around $12-15,000 with a months-long approval process. Do you feel it should be easier to obtain? JB: “First of all, the number I heard was $2,500. Our fees are $1,500 total and then they will hire a lawyer and consultants. So there’s no set fee. I don’t think the process is that long.” CA: “I’m always interested in streamlining processes. I would, of course, be in favor of anything that would make it quicker and less expensive. But it’s very important that the people living nearby can enjoy their homes or the people visiting can enjoy their vacation.” NP: “I do. One of the problems is that it’s expensive. And two, if it’s abused and it’s problematic we can’t ever wipe it out. So it would be nice if we could create a less expensive process where it would be for a year or two. So we can try it and see if it works.” MH: “All of these businesses right now don’t have that kind of cash. We’re pitting one entertainment business against another because one has more money and that’s just not fair.” Do you believe more attention is paid to individual residents who complain about noise rather than the overall economic effects of strict entertainment and noise laws on the County? JB: “We represent 380,000 people, so we have to hear all points of view. Each citizen is entitled to their opinion.” CA: “The problem we’ve had is probably more due to building and planning that doesn’t anticipate or provide for that kind of entertainment. We need to have a vision for our community.” NP: “I don’t know what the overall effect of the laws are, nor do I know the effect on property values of homes that live by an entertainment district. We represent both interests and both feel like they have the upper hand. Trust me.” MH: “More than that, I think what has happened is they’re trying to regulate something that’s really hard to regulate. And what we’ve got now is layers and layers of rules so that no matter who calls and complains it fits into the rules.” Do you believe the current entertainment and noise laws have had an economic impact on Sarasota County? JB: “Laws don’t generate economic impact. It’s just like speeding laws or anything else. I don’t think they’ve been a hindrance, no.” CA: “I do. My sons are 21 and 25 and there’s just not that much in the way of entertainment for that age group. We have such talented people here when it comes to the arts and we need to have places for people to enjoy their music.” NP: “Overall if you take everything into account, I’d say no. And you can argue that either extreme would have an effect.” MH: “I grew up here and we’ve always been a gudgeon when it comes to noise. Cops go around with little meters and take measurements and we don’t have time for that. We have to have places where young people can have a good time and it’s monitored correctly.”