MONTEREY, Calif. -- The Monterey City Council voted Tuesday night to officially repeal the wharf barking ban, which is essentially when restaurant employees or owners make a loud pitch to potential customers to drum up business.
As any tourist or local knows, a walk on Fisherman's Wharf is like a clam chowder battle of the taste buds and ear buds. Every seafood restaurant usually has an employee out front pitching their best dishes and ocean view seating. The ban has been in effect since 1976. On May 1, 2012, a resolution was adopted increasing the fine amount for oral advertising from the previous amount of $250 to $1,000.
Gilbert's on the Wharf and Crabby Jim's/Casa Carmel Corn, were issued two citations for violations of the ordinance, according to the city agenda. The citations were upheld by the City's administrative appeals hearing officer, but an appeal was filed and then a lawsuit challenging the constitutionality of the ordinance as applied to his businesses' oral advertising. The city reports that this prompted the recommendation that the ordinance should be repealed as it's hard to enforce.
Last month, the council approved the first reading. The ordinance had to go through two readings, according to the city clerk.
The city council took its final vote.
It will take effect July, 4th 2013.