And so my home city, Baltimore City – Charm City – appears to be somewhat under attack. Apparently spurred by a couple of disgruntled denizens of a neighbourhood in Baltimore who’ve decided they don’t like having Live music at their local bar, the Baltimore City Council has decided to float a bill that commits the oh so common legislative sin of making a law that goes too far, too wide – and probably completely over-compensates for the problem.
I think that the central meat of the bill that actually pursues the problem that the residents are having is being dealt with language that basically says “if 10 or more people have a problem with a licensed location of Live entertainment that is located within 10 blocks of them, that license for Live entertainment can be revoked”. That in and of itself is pretty vicious (though at least it’s 10 different residents, not simply one resident making 10 complaints) – but then the bill decides it needs to spread itself far and wide in language that gives it pretty limitless jurisdiction.
I don’t normally get political – and normally when someone forwards me an Email Alert about Horrific Anti-Arts Legislation it’s something that someone misread and freaked out about unnecessarily. But I’ve read through this one – and it sucks:
It seems that just after Rolling Stone voted last year that Baltimore has the best scene in the nation, the City Council decided to write up a bill that has the potential effect of telling a bride that she needs to register the Live entertainment 45 days in advance of her wedding for a thousand dollar fee. It would allow 10 upset neighbours to vote down the wedding (and no, your fee is non-refundable) – AND if your wedding goes off as planned, someone from the City might show up and tell you that some of the dancing is
morally unacceptable.
That’s an extreme case, but that’s how poorly the bill is written. It starts off by repealing zoning restrictions on any place that has an occurrence of Live entertainment and then applies restrictions to every coffeehouse, bar, restaraunt and (with zoning restrictions removed) every house concert and performance in the park or in your yard. It applies whether performers are receiving pay or not, whether they are singing, dancing (yes club-goers, this has a clause that covers venues that “provide” dancing – though interestingly “Adult” venues are exempt), performing karaoke, magic or comedy and ALL of these things will need to be licensed by a board of the Mayor’s appointees.
There are provisions for an (as of yet undefined) application fee that is estimated to be over a thousand dollars and an approval process that, among other things, looks into whether or not you’ve thought about whether or not your Live entertainment will screw up local parking and traffic and requires written plans to deal with it. It has concerns as to whether you’re too close to a church or school in relation to the “moral character” of the entertainment provided and the planner of that entertainment – and as such passes judgment on the morality and artistic merit of the performance and the performers.
Oh – and all you kids looking to run a benefit for your school? There ARE exceptions for one-day non-repeating events, but keep in mind that you must be 21+ to apply for the exception and that it takes 30 days to apply + a 15 day period in which people can object to the license.
There is a public hearing about this bill taking place TODAY from 6:30 PM to 8:30 PM (Morgan State, Communications Center, Room 101, 5601 Perring Parkway, Baltimore, MD) that if you can attend, would probably be wise to show your face at. Unfortunately, we’re in Missouri but if you can go and spread the word, please do – the vote is on May 6th so there’s still time to get educated and make your voice heard.
Here is a list of City Council members:
http://www.baltimorecitycouncil.com/members.htm
Here is the actual bill:
http://legistar.baltimorecitycouncil.com/attachments/3093.pdf
Here’s a City Paper article about the whole thing:
http://www.citypaper.com/digest.asp?id=17699
and below is my letter to the Baltimore City Council. Please feel free to write your own or even print it and send it yourself with your name appended.
My name is Rob Hinkal of the band ilyAIMY, a long-time member of the musical community of Baltimore City and one of the many people that Bill 08-0163 would effect. Though I understand the need for live entertainment to take place in a safe and controlled environment, I believe that this bill – especially in its current form – is thoughtless and arbitrary. Though it certainly makes sense to create guidelines and rules for lighting, maximum occupancy and other safety considerations, the fact that these could suddenly apply to any “live entertainment” without zoning considerations, potentially including musical gatherings in private residences and even (barring special exemption or regulation from the as-of-yet non-existent board) weddings and spontaneous events, is absurd. This is where the vagueness of the bill is incredibly troubling.
In its current form, the Board to be created is not required to include a member of the local entertainment community. In fact, since members can’t have financial interest in any entity offering or promoting live entertainment, the music community is actually barred from participation. This means people unfamiliar with the requirements of the local music, arts and business communities would be passing judgment not only on the practicalities of these businesses and individuals, but also on the “moral character” (and as such, the artistic merit) of those creating, running and actually performing in any event. It’s likely this is not even the intent of this bill, but in this form it will certainly have repercussions that will stifle, choke and unnecessarily legislate.
The zoning laws already in place (that this bill proposes to repeal?!) speak to the safety considerations involved in any of these venues, and are well thought out. These already include delineations between a tavern, a restaurant, a dance club, how these differ from a private party, school benefit or other event. Instead, many things are simply lumped into a “stuff the Board will decide” category in this bill, which provides far too much leeway to those who may or may not have any appreciation for the local artistic community.
This bill is incomplete in its definitions, poorly thought out in its application and seems to be attempting to fix a system that isn’t currently broken. It will not only effect all the venues who will suddenly be presented with a new wave of obligations and potentially expensive fees, driving them away from even providing live entertainment. This bill will harm all of the musicians, artists, magicians and comedians who have created the rich and vibrant scene of Baltimore City that Rolling Stone has only last year voted to be the best one in the country. And it will harm all those people who benefit from the beauty, education and community such a scene fosters, the entire population of Baltimore and all of the tourists who bring their revenue into these establishments.
If a law such as this is truly necessary (and I don’t see how it is) it needs to be created in cooperation with the community of the City of Baltimore with far more specific and sensible provisions, and not merely to its detriment.
Thank you,
-rob hinkal & Heather Lloyd
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