By Tara Fischer

Staff Writer

The Berlin Mayor and Council reviewed a potential ordinance that could revoke businesses licenses from town establishments if their operation creates a risk or nuisance for residents and visitors.

The draft will have its first reading at an upcoming Town Council meeting.

At a Town of Berlin Mayor and Council meeting on Monday, July 14, David Gaskill, attorney for the municipality, presented a draft ordinance that if adopted, could allow the town to refuse to grant, suspend or revoke, or place restrictions on licenses obtained by businesses operating within the Town of Berlin limits on the basis the establishment is creating a hazard to Berlin residents and visitors.

The draft reads, “the right is reserved to the Mayor and Council to refuse to grant any license, to suspend or revoke any license previously granted or to place appropriate restrictions on any license which is determined by the Mayor and Council, after notice and opportunity for a hearing, to be detrimental to or to adversely affect the health, safety, morals, peace, comfort, and general welfare of the surrounding properties and residents and/or the public in general.”

Gaskill said that issues that may warrant the Town Council taking action, such as revoking a business license, could include excessive noise, excessive traffic, loitering outside the establishment during or after business hours, trash accumulation, and disorderly conduct, among others.

The attorney noted that, through conversations he had with Berlin Town Administrator Mary Bohlen and Planning Director Ryan Hardesty, they concluded that such an ordinance would likely never be exercised. Still, it’s essential to have in the rare instance it’s needed. Berlin’s governing group agreed.

“That’s a good thing, to have it on the books and never need it,” Berlin Mayor Zack Tyndall said. “That’s a good place to be … Hopefully, we never have to use it, but at least if we can sit down with a party and say, ‘hey look, this is the path we’re headed down. We don’t want to go there.”

The Berlin Mayor and Council tasked Gaskill with drafting the ordinance following a concerning situation in town involving the railbike excursion company, Tracks and Yaks. In April, for at least the third time, town residents came forward at a public council meeting, citing concerns with the operation.

Adam Davis, owner of Berlin Beer Company on Broad Street, said that the railbike group does not have restrooms for guests or staff. As such, these individuals were using his restaurant’s facilities, straining the business. Tracks and Yaks customers were also parking in spots designated for Berlin Beer Company, which already has limited spaces, Davis added. Other Berlin residents came forward at that April meeting, claiming that Tracks and Yaks employees were smoking marijuana in their cars and loitering on the streets.

When the problems were first brought to light, the railbike excursion operated in such a way that guests were directed to Broad Street in Berlin for the activity, which exacerbated the nuisance issues there and on the nearby Baker Street. Now, when customers register, they are given a West Ocean City address and are then bussed to the railroad. This has seemed to lessen the company’s burden on the town.

While some residents claim that the business continues to generate