Could Delray Beach’s already buzzing downtown soon turn into a raucous party-scene resembling “New Orleans”? That’s the fear of some city officials as Delray Beach considers allowing bars to permanently operate outdoors.
While only about a dozen bars in Delray Beach would be impacted, the concern is that it could open “Pandora’s Box” and create a domino effect of new outdoor bars coming to Delray Beach and bringing loud, boisterous partiers.
While Delray Beach already has a vibrant downtown on Atlantic Avenue with patrons spilling out from restaurants and bars, the concern centers around the revelry from potential new bars infiltrating residential neighborhoods. The issue comes on the heels of the city’s prolonged battle with an outdoor bar, Studio 404, over frequent noise complaints from nearby residents.
There’s been a long-standing rule for bars in Delray Beach: If you don’t serve food, you’re not allowed to operate outdoors. The city temporarily suspended the rule in 2020 due to COVID-19 so businesses could stay open in a safe manner.
That COVID-related order is set to expire in May, and bars would once again be confined inside.
Hopportunities, a taproom at 440 NE Fifth Ave. that specializes in craft beer and wine, is asking the city for a permanent exemption, saying they would lose business if they were forced back indoors.
“Now that we’ve been provided this temporary use, our patrons love it and are demanding it,” said Andrea Keiser, an attorney representing Hopportunties, during a public meeting. “We believe that reversing it and taking away will hurt businesses.”
Keiser added that standalone bars would be at a disadvantage to restaurants that are allowed to operate outside.
While city commissioners were largely supportive of Hopportunties, which has not received any noise complaints, they were split on the overall issue, specifically on whether future applicants could potentially abuse this rule. Over the past year, Delray Beach was faced with a similar dilemma in regard to Studio 404, which generated consistent noise complaints from residents who said the bar’s outdoor patio was so loud it blared through their living rooms and made it difficult to sleep at night.
Due to limitations with the city’s noise ordinance, Delray Beach officials struggled to find a solution to the problem, eventually deciding to craft a stricter noise ordinance. The problem was later resolved on its own in February when Studio 404 was evicted by the property owner after failing to pay rent for the previous three months.
In regard to Hopportunities, City commissioner Ryan Bolyston was in favor of allowing permanent outdoor use, saying the current regulations are “antiquated” and a hindrance to bars and patrons.
Boylston added he’s very much in favor of “this baby step toward allowing people to enjoy the outside and not forcing the standalone bars who want to serve beer and wine to have an entire kitchen and take business away from local restaurants.”
City commissioner Shirley Johnson was against allowing bars to operate outside. “When we gave this conditional use because of COVID, I just knew it wasn’t going to be conditional,” Johnson said. “It’s going to be ‘We like it, we demand it.’
“I do not want to open this Pandora’s Box. I like the fact that Delray is different and that we are antiquated. I take it as a proud badge.”
Delray Beach Mayor Shelly Petrolia said she was supportive of Hopportunities but was against the other bars being granted the same ability, saying she had “some very big concerns.”
“What I see is what [Johnson] said about opening up Pandora’s Box to becoming something we are not, which might be more akin to New Orleans,” Petrolia said. “That’s what comes to mind. People walking around [drinking].”
The proposal narrowly received preliminary approval, but will need to receive a second approval from the city at a later date. Delray Beach City Attorney Lynn Gelin said they’re attempting to design a proposal that would thread the line of benefitting bars, while not becoming a potential nuisance for residents.
“You can never craft an ordinance so you’re benefitting one person, that would make it unconstitutional on its face, so we have to be mindful of that,” Gelin said.
“We’re trying to put it in zoning areas where it’s more conducive to being outside and it’s not going to impact neighbors and things like that.”
