Shipwrecked Request Prompts Discussion About Intent Of Entertainment Reg Updates

“Shipwrecked Request Prompts Discussion About Intent Of Entertainment Reg Updates” – Posted online by The Falmouth Enterprise 8/1/2024 (by Devin Ankeney).

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“Select Board Discusses Intent of Change to Entertainment Regulations” – Published in the 8/2/24 printed version of The Falmouth Enterprise, pages 1 & 14.

When is entertainment sound too loud? When someone complains.

That was the takeaway from a discussion the select board had this week when deciding whether or not to approve a one-day entertainment license for Shipwrecked on Grand Avenue, which is hosting a Falmouth Road Race after-party later this month.

Two weeks ago, the select board updated the town’s regulation that govern entertainment noise. The regulation now limits indoor entertainment-based sound to the walls of an establishment or to the property’s lot lines for outdoor entertainment.

The updates took effect on July 15.

Following a question by board member Heather M.H. Goldstone on whether the noise at Shipwrecked must be strictly kept to lot lines, the board engaged in discussion on the intention of the regulation versus its text.

“The language in that entertainment [regulation] gives us the ability to curtail music when it comes to be a problem,” board member Doug C. Brown said.

Mr. Brown explained that the intent of the regulation is to give the select board the option to cease overly noisy entertainment, following complaints by neighbors. Edwin P. (Scott) Zylinski II concurred with this take on the regulation.

However, the text of the regulation does not mention enforcement as a result of complaint. It says any noise that emanates outside of the walls of the licensed premises will be considered a violation, unless given specific permission for outdoor entertainment. In that case, a property would be in violation, if the noise extends past its lot lines.

The confusion over text and the intent of the regulation is reflective of the discussion during the board’s previous meeting. In that meeting, the board discussed the severity of the text, with the majority believing the spirit outweighs the text itself.

“I would hate for this—as something trying to be positive to try to help regulate [entertainment]—to turn into a hair-splitting event every time somebody comes up for this,” Mr. Zylinski said.

In the announcements portion of the meeting prior to the hearing for Shipwrecked, Mr. Brown took a chance to respond to Falmouth residents, who he said had complained or asked him questions about how strict the regulation’s enforcement will be.

“It’s not perfect, but it’s a work in progress,” Mr. Brown said. “We don’t intend to make drastic changes.”
In the end, the board approved the one-day license for Shipwrecked, with Mr. Zylinski and chairwoman Nancy R. Taylor, in agreement with Mr. Brown’s interpretation.

The select board also approved a special one-day wine and malt liquor license for the same after-party at Shipwrecked.

The board also approved a one-day license for Falmouth Road Race to serve alcohol in its VIP tent at the Falmouth Heights Ball Field.

The select board will meet next on Monday, August 12.