Noise, Neighborhoods, and Permits:
The Rules Behind Bar Harbor's Music
The Bar Harbor Story is generously sponsored by Ironbound Restaurant – Inn – Gatherings.
BAR HARBOR—At the July 15, 2025 Bar Harbor Town Council meeting, the council denied an application for a special amusement permit by The Links Pub at Kebo Valley Golf Club. The public hearing portion of this permit application discussion garnered many nearby residents who stated that having outdoor amplified music would disturb the peace and tranquility of their neighborhood.
Five of the seven town councilors agreed with the residents.
On social media and in chatter throughout town, there have been a lot of questions about how the process works, who has been approved, and who hasn’t. Below is some information about applications this past year, the application process, and the enforcement.
SPECIAL AMUSEMENT APPLICATIONS THIS YEAR
Special amusement permits have class codes. These are the meanings:
Number - how many musicians are allowed by the permit
“a” - amplified music is allowed by permit
“d” - amplified music and dancing are allowed by permit
“o” - amplified outdoor music is allowed by permit
March 4, 2025 council meeting permit applications.
Class 3a special amusement permit by Atlantic Brewing Midtown, unanimously approved.
No public comment during public hearing.
Class 3a special amusement permit application by Atlantic Brewing/Mainely Meat BBQ, unanimously approved.
No public comment during public hearing.
Class 3a special amusement permit application by Side Street Café, unanimously approved.
No public comment during public hearing.
April 1, 2025 council meeting permit applications.
Class 3ao special amusement permit application by Sand Bar Cottage Inn, unanimously approved.
No public comment during public hearing.
May 6, 2025 council meeting permit applications.
Class 3ao special amusement permit application by Siam Orchid, denied 2-5.
Three nearby residents spoke out against this permit application.
Siam Orchid previously held a Class 3ad Special Amusement Permit. Since it wanted to change permit types, it was considered a new application and not a renewal.
Class 1ao special amusement permit application by C-Ray Lobster, unanimously approved.
No public comment during public hearing.
Class 3ad special amusement permit application by Lompoc Cafe, approved 6-0 with then councilor Meg Kelly recused.
One public comment during public hearing in the positive regarding how the Lompoc Cafe works with residents to mitigate noise.
Class 3a special amusement permit application by Bar Harbor Lobster Bakes, unanimously approved.
No public comment during public hearing.
May 20, 2025 council meeting permit applications.
Class 3ao special amusement permit application by Bar Harbor Cellars Winery, unanimously approved.
Only public comment during public hearing was by the applicant.
June 17, 2025 council meeting permit applications.
Class 3a special amusement permit application by Finback Alehouse, unanimously approved.
No public comment during public hearing.
Class 3ad special amusement permit application by Bluenose Inn, unanimously approved.
No public comment during public hearing.
Class 3ad special amusement permit application by Bar Harbor Inn, unanimously approved.
No public comment during public hearing.
Class 3ad special amusement permit application by Holiday Inn Bar Harbor Regency, unanimously approved.
No public comment during public hearing.
Class 3ad special amusement permit application by Harborside Hotel & Marina, unanimously approved.
No public comment during public hearing.
July 1, 2025 council meeting permit applications.
Class 4 special amusement permit application by 1932 Criterion Theatre, unanimously approved.
No public comment during public hearing.
Class 3ao special amusement permit application by Sassafrass Cafe, unanimously approved.
No public comment during public hearing.
Class 2ao special amusement permit application by Project Social, unanimously approved.
No public comment during public hearing.
July 15, 2025 council meeting permit applications.
Class 3ao special amusement permit application by The Links Pub at the Kebo Golf Club, denied 2-5.
Approximately 10 nearby residents spoke out against this permit application during public hearing.
The Links Pub (under different owners) previously held a Class 3ad special amusement permit, but it had lapsed last year. Also, due to the change in permit application from indoor to outdoor, it would still have been considered a new application.
Class 3ao special amusement permit application by Bar Harbor Beer Works was unanimously approved.
Only one person spoke during this public hearing and he was in favor of the permit being approved.
Total permit applications so far this year:
Indoor - 11 - with none denied;
Outdoor - 8 - with two denied which are the only two that had public comment against the application.
SPECIAL AMUSEMENT ORDINANCE
Only two applications have been denied so far this year, both were technically new applications and both were for outdoor amplification. Both had public comment during which commenters spoke out against approval of the applications. It is currently unknown how many emails or written letters were sent to councilors about the applications or what the position of the email’s author was.
The majority of the public comments regarding the two denied applications during the meetings were about how music disrupts the peaceful neighborhoods in which the commenters live.
During the May 6 meeting where Siam Orchid was denied its special amusement permit application, then councilor Matthew Hochman who voted in favor of the application said, “We have a process laid out. We have a process for complaints,” and a process for ordinance violations. He stressed that the town’s processes and rules needed to be followed.
Hochman also said that the law is statutory and “if we start picking and choosing based on what we feel, we’re going to open ourself to legal issues.”
That process is laid out in the Special Amusement Ordinance of the Bar Harbor Town Code which is Chapter 14 of the town code.
During the July 15 meeting at which The Links Pub application was denied, councilor Joe Minutolo who voted against the application said, “You can’t put the toothpaste back in the tube,” regarding a permit, adding that it’s important to preserve the character of neighborhoods and that he would support indoors, but not outdoors.
Council Chair Val Peacock, who voted in favor of the application, responded, “That’s not actually true. There are ways for this license to be revoked.”
HOW IT WORKS
APPLICATION PROCEDURE.
A special amusement permit is required by the town for any business licensed for the sale of liquor or malt liquor prior to allowing “any music, except a radio or other mechanical device, or any dancing or entertainment of any sort.” The State of Maine allows this requirement to be placed into effect.
Noise regulation under Chapter 14 differs from the general noise regulation under Chapter 139 of the town code in that Chapter 14 only applies to special amusement permits issued to establishments that are licensed to sell liquor or malt liquor and are providing music, dancing, or any other entertainment.
These are the standards of issuance or denial of a special amusement application assuming the applicant meets all of the other requirements.
Within the town code’s Chapter 14, Section 3, Paragraph F, it reads, “The Town Council, after hearing and upon such terms and conditions as it reasonably deems necessary to protect the public interest and to fulfill the purposes of this article, shall grant or renew a permit unless it finds that issuance of the permit will be detrimental to the public health, safety or welfare or would violate municipal ordinances or rules and regulations, articles or bylaws.”
THE ACTUAL REGULATION
During the public comment period of the July 15 meeting, Gordon Young read the following passage from Chapter 14, Section 7, “Regardless of whether or not the mean sound-pressure level limit as set forth in § 14-6C is exceeded, the licensee or his/her authorized representative shall not permit the use of the premises to result in any continued, excessive or loud and unreasonable noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health or safety of individuals or which results in disturbing the peace and tranquility of the neighborhood.”
The section of Chapter 14, that Young read falls under the enforcement section of the ordinance as a secondary means of enforcement and is not part of the issuance or denial standards.
You must have issuance prior to enforcement unless an establishment is selling “liquor or malt liquor in the Town of Bar Harbor” and illegally providing “music, dancing or entertainment.”
THE REGULATION OF NOISE
During the May 6 meeting, Councilor Joe Minutolo who voted against the Siam Orchid application said that there is a difference between the applications of Siam Orchid, who was denied, and the Lompoc Cafe, who was approved, in that the Lompoc’s music is inside and Siam Orchid’s application was for outside.
Within the enforcement section of the Special Amusement Ordinance there is no difference. Both indoor and outdoor permit holders must meet the same sound level standards.
During the May 6 meeting, councilor Earl Brechlin said, “What you are basically saying is that these people are going to have to call the cops 100 times; they're not going to get any sleep, they have to run an air conditioner when we know as adults and smart people that this probably is not a great fit for this area."
This was in regards to the Siam Orchid application which he voted to deny.
If someone makes a complaint to the police department, an officer will respond and follow the ordinance guidelines, which are partially laid out below, and take decibel readings. If the business is in violation of the special amusement ordinance for each call, it should only take three calls to the police department before the town council can get involved and take action.
This same standard is applied for establishments that are generating amplified music from both indoors and outdoors, there is no difference.
The procedures for measuring the decibel reading when a complaint has been received are a bit intricate. That is to ensure fairness and uniformity. The majority of procedures are for continuity in readings and arguably one of the most important components of the decibel reading procedures is Chapter 14, Section 6, Paragraph D, subsection 3(e).
It reads, “Measurements shall be taken at points outside the licensed premises which are no less than five feet and no more than 10 feet from the lot lines of the licensed premises.”
That means that to the ordinance’s enforcement it doesn’t matter if the noise is originating inside a structure or outside that structure. If the noise level is over 71 db(A) when taken by a police officer standing within the 5-feet to 10-feet restrictions given in the paragraph above, a confirmed violation may be occurring.
To be a confirmed violation, at least two readings have to be taken because “no less than two readings taken by the sound-level meter within a fifteen-minute period shall constitute a reasonable basis for averaging a set of measurements.” These multiple readings are then averaged and if the averaged amount is greater than 71 db(A), a confirmed violation has occurred.
Given the mandated positioning of the officer taking the readings, in most cases, outdoor music must be played at a lower noise level than indoor music because it lacks the sound barriers provided by a building prior to reaching the officer taking the decibel level readings.
In a nutshell, where an officer stands to take a noise level reading, as mandated by the ordinance, can be viewed as an invisible wall. At that wall, if the average decibel reading is greater than 71 db(A), no matter where the sound is originating, inside or outside the establishment, a violation is occurring.
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So Kebo wants to put on a second WOOSSTOCK. OK NO NO NO. Some one is getting married or other special event where the music isn't really going anywhere they should not be denied because "neighbors" want total peace and quiet. Further why is there amplified music, singing. and what appears to be a tip jar at the Sunday morning Farm Stand at the YMCA? Just asking!!!
The town is threatening to shut down an open mic night on a commercial street that has been frequented by countless music lovers and musicians for years because of three noise complaints (likely from the same person) over a 12 month period - all of which were promptly corrected. 71 decibels is an absurdly low sound threshold - far less than other music cities and towns. Welcome music fans to Bar Harbor if you like on chamber music in churches.