Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Federal Hill Noise And Regulation topic
No spam. Unsubscribe anytime.
Board renews Undefeated and Waterfront licenses despite neighborhood noise complaints, asks parties to negotiate
Summary
Protesters urged denial of two Atlas Restaurant Group licenses in Federal Hill over alleged music, courtyard operations and a disputed food‑sales requirement. The board found insufficient evidence of enforceable violations and renewed both licenses while urging immediate community–licensee talks and continued monitoring.
Two related renewal protests for Atlas Restaurant Group properties — the Undefeated (1704 Tame Street) and the Waterfront Hotel (1710) — drew detailed testimony on April 16 about noise, courtyard music and whether a BD7 license should be subject to a 51% food‑sales requirement.
Protesters, including members of the Fells Point Residents Association, said outdoor amplification and late‑night courtyard music repeatedly disturbed adjacent residents. They also argued the Undefeated was operating more as a drinking venue than a restaurant and pressed the board to require production of food‑sales receipts that would prove compliance with a 51% food‑to‑beverage statutory test.
Atlas counsel disputed that the 51% rule applied. Rachel Mech, chief legal officer for Atlas, said the Undefeated’s seating capacity was under the threshold that triggers the food‑sales requirement and that communications with board staff supported that exemption. Atlas also pointed out that city inspectors conducted heightened monitoring during the prior season and issued no sustained sound citations for the properties during that period.
Residents described specific afternoon and evening incidents. Mark Schitler, who lives nearby, told the board he filed a 311 complaint after he heard amplified music through closed windows and, on one occasion, walked to the courtyard entrance to observe a party that he said could be heard inside his home. FPA witnesses also pointed to earlier environmental control board proceedings in which health‑department citations were dismissed; protesters said the dismissals did not erase ongoing impacts for residents.
The board reviewed prior monitoring and citation history, heard competing legal claims about how the 51% requirement applies, and examined recent 311 responses. Commissioners said they were troubled by the conflict but concluded the evidence in the renewal setting did not rise to a level that would warrant denying the renewals. The board approved renewal for both licenses and urged the operator and neighborhood association to meet and produce concrete, enforceable deliverables. Commissioners said inspectors would continue to respond to verified complaints and that the board would act on future substantiated violations.
What to watch: The parties indicated they may pursue additional legal clarifications about the 51% food‑sales rule and will continue community engagement; the waterfront case also involved environmental‑citation litigation that residents say requires further scrutiny.
