By Tara Fischer

Staff Writer

(Aug. 14, 2025) The Berlin Mayor and Council now have the authority to revoke business licenses from town establishments if their operation creates a risk or nuisance for residents and tourists.

At the governing group’s meeting on Monday, Aug. 11, the body unanimously passed an ordinance that allows the municipality 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 that the establishment is hazardous to those residing in or visiting Berlin.

Town officials may invoke the ordinance if it can be proved that the establishment is guilty of the following: creating disruptive noise, excessive traffic, excessive loitering outside the business during or after hours, littering or immense trash accumulation, fighting and/ or disorderly conduct on the premises, illegal activities, or inflicting a common law nuisance.

Licenses may be reversed or limited after notice of any complaints and the opportunity for a public hearing if it is determined the business is “detrimental to or adversely affects the health, safety, peace, and general welfare of surrounding properties and residents and/or the public in general,” the newly-adopted ordinance reads.

A discussion on the law’s language took place during its public hearing this week, just before the council voted to enact it.

Before Monday night’s meeting, a permit could be suspended on the basis that the business impacts the morals and comfort of the town, as well as its health, peace, safety, and general welfare. The words “morals” and “comfort” were taken out of the document to avoid inviting discrimination.

Patricia Gregorio, co-owner of self-publishing company Salt Water Media, spoke out against the inclusion of the term “morals” to be used as a basis for business license discipline. Gregorio noted that she is a member of the LGBTQ community, and someone could file a complaint against her simply for her identity.

“While I support protecting public health and safety, the word ‘morals’ is subjective,” she said. “What’s moral to one person may not be to another. Whose morals are we using when evaluating complaints about a business? This creates bias against people like me, an LGBTQ business owner…this language could be misused against pediatricians in our town who give vaccines or bookstores carrying books on topics people may find immoral, or a restaurant serving alcohol. Such vague wording risks censorship. Historically, morals clauses have been used to silence lawful businesses and services. Vague laws have unintended consequences…Our town is diverse and welcoming, and let’s make sure our laws reflect that.”

Berlin’s Mayor and Council agreed that the term should be eliminated from the ordinance.

“I think morals are subjective. It’s something different to every single person, and I don’t think the government should be in that position,” Councilman Steve Green said. “By removing that, the ordinance still accomplishes what was requested.”

Councilwoman Shaneka Nichols added that the word “comfort” should be removed as well, arguing it could propagate racial discrimination.

“Comfort is as subjective as morals,” she said.

Green agreed, saying, “This group, we share a lot of the same values. We don’t know if it will be like that in two, four, six, eight, or 10 years from now. I don’t like words like that, that are subjective and open to interpretation. We are trying to protect the community and ensure that the businesses operate on the same playing field.”

Council Vice President Dean Burrell asked if the ordinance could be condensed even further by stating that business licenses may be revoked or suspended in the case that the establishment interferes with the public’s health, safety, and general welfare. In this case, the term “peace” would be removed from the regulation.

Other town officials argued the word should be kept in the document, as it was the basis for why the council tasked staff with drafting the ordinance in the first place.

The Berlin Mayor and Council asked town attorney David Gaskill this spring to develop the ordinance passed this week, in response to railbike excursion company Tracks and Yaks’ disorderly operations that disrupted life for Baker Street residents and surrounding areas.

Adam Davis, owner of Berlin Beer Company on Broad Street, said in April that the railbike group does not have restrooms for guests or staff, and as such, was using his restaurant’s facilities. Davis added that Tracks and Yaks customers were parking in spots designated for Berlin Beer Company, an already too-small lot. Other Berlin residents claimed that the company 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, exacerbating the nuisance issues there and on Baker Street. Now, when customers register, they are given a West Ocean City address and are then transported by bus to the railroad. This has seemed to lessen the company’s burden on the town.

The Tracks and Yaks situation revealed that the municipality was lacking a defined guideline for addressing disruptive businesses in town. Now, as it was passed this week, Berlin officials can invoke the new ordinance if an establishment receives consistent, proven complaints.