‘It’s been a gut punch’: Wilmington bar caught in debate over outdoor amplified sound

WILMINGTON, N.C. (WECT) - The City of Wilmington is back to the drawing board regarding its definition of “outdoor amplified sound,” which one bar owner says could put his business in uncertainty and impact other businesses, too.

Justin Smith, one of the owners of The Rift on Wrightsville Avenue, said the issue has been ongoing since the bar opened.

The bar has a 15-foot outdoor LED screen that costs approximately $60,000 to install, including speakers and related equipment. The screen was installed last year, and the outdoor space is used for watch parties, viewing sporting events, movies, and live performances.

Smith said the bar received verbal and written approval from the city to install the screen. The city even directed them to build it on an existing stage to address setback concerns, he said.

Smith said the business has stayed compliant with the city’s noise ordinance.

“We lived a pretty normal life for the next four or five months,” Smith said. “In January, they came and said that we were out of compliance in a few different ways. But the main way being with our outdoor amplified sound.”

Smith said the definition of “outdoor amplified sound” was unclear, prompting the owners to request a formal determination from the city.

“We still felt that we weren’t getting anywhere and weren’t able to operate as the business that we set out to operate as, which was a bar and restaurant,” Smith said. “So we asked our attorney to come on board.”

The owners appealed to the Board of Adjustment, which unanimously rejected the City’s planning and development director’s interpretation of the definition.

Under the planning director’s interpretation, any electrically boosted sound—including TV audio—counts as amplified sound. With city rules restricting amplified sound near single-family zoning, The Rift says it could be forced to go silent.

“It’s been a battle. And the city should be more interested in grooming responsible business owners like my partners and not in putting these impediments in front of them,” Smith said.

“It’s been frustrating. It’s been a gut punch. But mostly, I’m hurt. We love this place. This is my neighborhood. Just so you know, I live three minutes from here. I opened this place because I wanted to,” Smith said.

Caylan McKay, who lives near The Rift, said he understands concerns but believes the bar plays an important role in the community.

“When I look at what anchors a neighborhood too, I look at community spaces, places that bring people together, and I think the Rift is one of those spaces that does,” McKay said.

The Board of Adjustment rejected the planning director’s definition and sent it back for a rewrite. The city’s planning staff will bring back a new definition for city council consideration. The city says there is no clear timeline yet on when that could be.