- May 6, 2024
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Johnny D’s Beachside Bar & Grill was uncharacteristically empty over the weekend — and uncharacteristically quiet. For the first time in about a year, the bar could not legally host live music.
John Davis, who owns the bar, went without his outdoor entertainment permit for several days as he made changes mandated by the Flagler Beach City Commission, which said on Thursday night that Davis had not done his part to ensure peace in the neighborhood. The commission decided against renewing Davis’ expired outdoor entertainment permit until he installed some sort of sound-dampening device, leaving the type of device up to Davis.
Once the device was in place, the commission said, Davis’ permit renewal would be approved by city staff.
By 10 a.m. Friday, Johnny D's boasted a new sound-dampening wall made of plywood wall panels situated on the west end of the bar's outdoor patio, erected by The Shipwrecks, a fan club for local musician Capt. Nick, who often performs at Johnny D's.
Davis said he tried and failed to reach city staff Friday to get his permit reinstated. He estimates $2,000 in lost sales from the weekend.
But by Monday afternoon, Davis had his newly issued outdoor entertainment permit. Music was back at Johnny D's by Monday night.
Davis received no complaints for the sound that night. He hopes this will be the end of a long struggle to host live music at his bar without causing complaints, he said.
When Davis originally applied for his outdoor entertainment permit about a year ago, he did so with the promise of installing noise-dampening structures with a new deck he intends to build. However, the process was slowed because he has been trying for eight months to secure a permit required of him by the Department of Environmental Protection, he said.
“I’m going to be straight up with you,” Commissioner Joy McGrew said at the meeting. “I’m really disappointed that you didn’t do what you said you were going to do a year ago. If DEP says you need a permit, you should have known that (at the time).”
City Planner Chad Lingenfelter said if Davis put up curtains, panels or another temporary sound- dampening device, he would not need a permit, because they would be considered furniture.
Davis’ annual outdoor entertainment permit expired in March. At that time, he applied and was approved for a permit that allows outdoor entertainment 12 times a year. Davis exhausted the last of those allowances April 7.
The restaurant has long been a source of difficulty for both Flagler Beach residents and the Flagler Beach City Commission: It sits on a commercially zoned property, but it is surrounded by private residences. Davis says he needs to provide outdoor entertainment to be competitive with other Flagler Beach restaurants.
Commissioners and the Flagler Beach Police Department have received numerous complaints about the noise coming from Johnny D’s, and just as the commission believes in Davis’ right to host live music, it also believes in residents’ rights to quiet evenings.
Residents at the meeting complained of hearing music from Johnny D’s on a nightly occurrence. Capt. Nick, who often performs at Johnny D’s, and handfuls of members of The Shipwrecks spoke on Davis’ behalf. Eventually, McGrew asked if any of them lived within 200 feet of the restaurant. None of them did.
“I love Capt. Nick’s music, too, though I’m not a part of the fan club,” Commissioner Jane Mealy said. “But for some reason, when Capt. Nick plays other places, we don’t get complaints. There has to be something different.”
In preparation for the meeting, commissioners were given copies of 10 noise complaints reported to police in the last year. Of those complaints, one resulted in a citation for exceeding the limits set forth in the city’s noise ordinance.
After voting unanimously to temporarily deny Davis’ permit renewal request, the commission assured him that it was only for the sake of compromise between residents and business owners.
“We want you to be able to be competitive just like everyone else who has an outdoor bar or restaurant,” Commissioner Marshall Shupe said.
