MANATEE -- For the Bearded Clam Restaurant and Tiki Bar, this weekend was supposed to be its big introduction to the boating community. The National Boat Owner Association’s Open Fishing tournament is a big event and a big fundraiser.
But for Wade Yarchan, who lives just 200 feet from the Tiki Bar, the upcoming event promised more noise and nighttime calls to the sheriff’s office and code enforcement. Yarchan, who has been writing to commissioners about the Tiki Bar, decided he would not endure a weekend of late night bands and party-goers. On Tuesday, he convinced county commissioners to file an injunction against the restaurant and bar to make sure that he would have a relatively quiet weekend.
Yarchan said since the Bearded Clam opened in February at 7150 N. Tamiami Trail at the Ramada hotel, he has asked them to keep the bar quiet after 7 p.m. in accordance with the more than decade-old ordinance governing that location. When the restaurant owners ignored him, he called the sheriff’s office and the county’s code enforcement offices. Sometimes things would get better, but often the quiet was short-lived, he told commissioners Tuesday.
Now the business was advertising for the festival with promises of live music until 1:30 a.m. He wanted some help and he wanted it right away. So he went to commissioners and asked them to prevent the owners from ignoring the rules governing that property, which allow for acoustic music until 7 p.m. at the outdoor bar. Any amplified music has to be played indoors, according to the regulations.
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After commissioners unanimously agreed to file an injunction against the business, owners Terri Pulaski and Wesley Rose quickly arrived at the meeting and asked for reconsideration. They promised to stop the music at 7 p.m. and to move the party indoors.
While some commissioners were willing to take them at their word, the business owners could not get a majority. James A. Minix, the chief deputy county attorney, offered a legally binding compromise. If the couple would sign a consent injunction, promising to abide by the county’s regulations on that location, they could avoid going to court.
Pulaski and Rose agreed, so most of the nighttime events for this weekend’s Gulf Coast Open Fishing Tournament will be held indoors. Still the neighbors will be able to hear all of the fishing tournament results announced over microphones until 6 p.m.
And while they have agreed to follow the county’s stipulations for now, they are working to try to change the regulations on their business. Pulaski said she didn’t know about the stipulations attached to the location or she wouldn’t have invested there.
The pair are also scheduled to appear in court May 12 on misdemeanor charges of “Breach of Peace.”
Yarchan’s neighbor Daniel Young was at first excited about the prospect of having a tiki bar within walking distance of his house, but now that the owners are working to change the rules that the neighborhood worked so hard to get in place and enforce, his excitement has waned and he told commissioners he supports Yarchan’s efforts.
“We want to change the ordinance so we can have exactly what every other business has to comply to, which is the county noise ordinance,” Pulaski said. “I just want to comply with the county ordinance and be a good neighbor. I am not trying to bully anybody.”