- February 24, 2025
Restaurant seeks to revise special exception.
Wayne Grant
News Editor
Once size does not fit all. At least that’s what the Planning Board decided on July 11 when they recommended approval for Riptides Raw Bar and Grill, 869 S. Atlantic Ave., to have live music Sunday through Thursday until 10 p.m., while other establishments in the area must stop at 8 p.m. The final decision will be made by the City Commission.
The restaurant can have live music until 11 p.m. on Friday and Saturday, and no change to these nights was requested.
Last year, nearby Dimitri’s Bar Deck and Grill came forward with a request to have live music. After an inspection by the Planning Department, the city decided the restaurant, which is adjacent to a residential neighborhood, must stop the music by 8 p.m.
Later, when it was discovered that the Beach Bucket Bar and Grill and Riptides also had live music, those restaurants were given the same guidelines. It was decided that having different hours would make the code too difficult for police to enforce, and having the same hours would be fair to the businesses.
On July 11, Riptides General Manager Shawn Flaherty and supporters gave convincing arguments to the board to allow the restaurant to have live music until 10 p.m., and the board agreed in a 4-1 vote (there were two absences.)
The City Commission will take the board’s decision under consideration when they consider the matter. It’s tentatively scheduled for their regular meeting on June 23.
Differences between restaurants cited
Before the vote, Rick Goss, planning director, told the board his department recommended denying the request. He cited last year’s decisions for equity among restaurants, and said other restaurants could come forward and also ask for an exception.
Flaherty made the point to the Planning Board that the beachside music rules were based on conditions surrounding Dimitri’s, which is a different situation.
“Dimitri’s is four stories high,” Fleming said.
He said now that he has a roof over the outdoor patio, there are only two directions the music can escape.
“I’ve never had a noise complaint,” he said.
There was an email from a nearby condominium resident asking that the special exception be denied, but it wasn’t because he heard music from Riptides, it was because he feared it would set a precedent for other restaurants to play later.
Board member Lori Tolland did not see a problem with restaurants having different hours. She pointed out that only five restaurants in the city have outdoor music.
“It doesn’t seem too confusing,” she said.
But board member Pat Behnke said there are only five restaurants now, but more could come later, so she believed standard hours should be maintained.
Flaherty suggested easing noise enforcement by police when there are different hours by placing a sign at each restaurant.
Board gives OK with one dissent
Dan Stutz, sales manager for S.R. Perrott, was at the meeting to support Riptides.
“I’m glad to see an independent operator make it in Ormond Beach,” he said. “I think everyone should be dealt with on an individual basis.”
Board member Rita Press asked if they needed the later hours for people who drink, rather than buy dinner.
“I served $9,000 of dinner after nine last night,” Flaherty responded. He also pointed out that the bar is inside and dinner is served out on the patio where the music is located.
Behnke had a problem with the fact that Riptides has recently been playing music until 10 p.m., against the current regulation.
Flaherty explained that they did not attend the commission meeting last year, and did not know the requirement was to stop at 8 p.m. They were recently notified they were supposed to stop, so requested the special exception.
“My concern is that if they didn’t keep the rule before, they can play until midnight and say they didn’t know,” Behnke said.
The board voted to recommend approval of the request to play music until 10 p.m., with Behnke giving the lone no vote.
