Bearded Clam Will Have To Keep Quiet During Fishing Tournament

The Bearded Clam is planning a party, but it will have to keep the noise down.

That was the decision reached Tuesday after Manatee County Commissioners had to step in to help settle a noise dispute between the owners of the the southern Manatee restaurant and at least one upset neighbor.

Commissioners unanimously voted to seek a temporary injunction against The Bearded Clam Waterfront Restaurant & Tiki Bar, 7150 N. Tamiami Trail, to ensure it obeys a 1998 county ordinance that prohibits the property from hosting live outdoor music past 7 p.m. Any amplified music has to remain indoors at all times, the ordinance stipulates.

Wade Yarchan, who lives on Westmoreland Drive just across the water from the restaurant's outdoor tiki bar, said he's concerned about the live band performances the Bearded Clam has planned in conjunction with this weekend's Gulf Coast Open fishing tournament, hosted by the National Boat Owners Association. The restaurant had been advertising live music starting Wednesday evening and running through the weekend, sometimes until 1:30 a.m.

Yarchan said Manatee County Sheriff's Office deputies have been called out to the Bearded Clam 12 times since it opened in February, 11 of those for noise complaints. And county officials said code enforcement officers have observed at least four violations of the county's ordinance there within the past month.

"There's just literally a willful neglect for the laws of our county," Yarchan said.

Bearded Clam owner Terri Pulaski said her establishment — which is housed in a leased space in the rear of the Ramada Waterfront — has always kept the music indoors. She agreed to a consent injunction with the county Tuesday, pledging to keep the music inside after 7 p.m. and thus avoiding a court appearance.

"We're not here having Aerosmith on stage," said Pulaski, who added she's had a positive response from the majority of neighboring residents, many of whom are regulars. She said she'll "stick to the rules" — although she's already applied for a hearing before the commissioners to have those rules modified to allow for amplified music outside.

"We're not trying to be bullies," Pulaski said. "We want to be neighborhood friendly."

Commissioner Robin DiSabatino, whose District 4 encompasses the neighborhood around the Bearded Clam, said she sympathizes with Yarchan.

"If it were in your backyard every day, you'd be asking for help too," DiSabatino said.

Yarchan said he has not spoken to Pulaski, only to the management at the Ramada.

Ramada General Manager Navid Kichi declined to comment Tuesday.