Thanks to Tim for pointing this one out.
In case you don't know it's bad in Cleveland. Like seriously bad. In the 90s and 2000s it was the steel industry completely dying, then the recession hit and the service industry jobs dried up too. Now Cleveland's trying to make it impossible to have a job. My speculation is that next an ordinance will go through demanding no one can have full-time job, you know for the hell of it.
Proposed Cleveland's City Ordinance 347-11 targets the music/arts scene in Cleveland. Recently, Cleveland found out that some of the larger venues in the Cleve were not paying admissions taxes. In response the City of Cleveland drafted this golden nugget that will stop all live music that exceed "the volume level of an unplugged acoustic instrument." Wait, what? Live music would be over in the "Home of Rock and Roll"? Well, this might be why Omaha has the booming music scene [ok so I'm dating myself, but that was an awesome song].
Rumor has it this was the brain child of a preservationist group out of Tremont (Ward 3) [oh, we're coming for you] back in March. Apparently, the document is pretty dense, more than likely as part of the greater plan of keeping people from reading it all the way through. However, this is defiantly an attack on rock and roll and music makers in Cleveland. As of now it isn't out of City Hall, but we know how fast that can happen.
Below is a summary I pulled from the Cleveland Examiner:
500 foot restrictions to places of "entertainment" (bars, taverns, clubs, restaurants, etc):
- No such use will be located within five hundred (500) feet of another such use if either use is located in a Local Retail or Residential District. (translation: there cannot be two places of entertainment within 500 ft. of each other) (could you imagine residents of NASHVILLE going for this)?
The use will not be located within five hundred (500) feet of a residential district or day care center, kindergarten,elementary or secondary school, public library, church, playground, public or nonprofit recreation center or community center. (Is there anywhere on land that ISN'T within 500 ft. of one or more of those things)? Nightclubs: No nightclub shall be located within five hundred (500) feet of a Residential District, measured in a straight line from property line to property line.
Volume restrictions:
- In Local Retail Districts, entertainment provided in any restaurant, tavern or bar as well as an accessory use or activity in any business, shall be limited to unamplified acoustic musical instruments or other entertainment that produces noise levels no greater than that produced by unamplified acoustic musical instruments.
In all zoning districts, the space in which the entertainment will take place shall be situated, designed and configured in a manner that ensures that no noise or vibration emanating from such use will be perceptible on the premises of any Residential District or dwelling unit existing at the time of the establishment of the use other than a dwelling unit located in the same building as the entertainment activity. (In other words, unless the establishment can afford COMPLETE soundproofing they can't do it.)
Things directly affected:
- Section 690.01 Definitions
- The terms used in this chapter shall have the following meanings unless another meaning is clearly apparent in the
language or context:
- (a) “Public Dance” means any dance that is attended or patronized by the public with or without the payment of a fee
or other valuable consideration, including restaurant dancing. “Public Dance” does not mean or include exhibitions or performances in which the persons paying for admission do not participate or activities in an establishment whose primary purpose is to provide lessons for persons contracting for dance instruction and not for the entertainment of the general public, or dance classes given by a business whose primary purpose is to provide lessons for persons contracting for dance instruction.
- (b) “Amusement device” as used in this Chapter means:
- (1) any computer, electronic and/or video machine, or mechanical device, including pinball machine, which, upon the
insertion or deposit of a coin, slug, token or disc, permits a person or operator using such device, whether or not registering a score, to secure some amusement, enjoyment, entertainment or relaxation by the use of such machine or device.
- (2) any computer, machine, game or apparatus including individual computer terminal screens which may be operated by the public generally to participate in any contest or promotion for prizes conducted in connection with the sale of
consumer products or services.
- (3) “Amusement device” does not include music amplification, billiard or pool tables as regulated by this Chapter, or
picture arcades or live viewing booths as regulated by Chapter 699. (Guess that means these guys don't mind the peep show booths)
- (c) “Applicant” means the person who files an application to operate an entertainment venue and in whose name the
license is issued.
- (d) “Billiards” as used in this chapter, means any of the several games played on a table surrounded by an elastic ledge
or cushions, with balls which are impelled by a cue, and includes all forms of the game known as pool. “Billiard Room” means any public place wherein the game of billiards is permitted to be played, but shall not include a school.
- (e) “Bowling Alley” means a building or room containing a smooth, level lane used for bowling.
- (f) “Entertainment Venue” means a building, room, or premises containing or providing for public dance, two or more
amusement devices as defined in division (b)(1) of Section 690.01, any number of amusement devices as defined in division (b)(2) of Section 690.01, billiards, bowling alleys, pinball machines, or roller rinks; and any restaurant, coffee house, night club, or other similar place where refreshments or entertainment is provided for the general public, including outdoor patios that are a part of those places, and that uses music amplification; whether or not such building, room or premises have other business purposes of any nature whatsoever.
- (g) “Music Amplification” means any vocal or instrumental music, or mechanically produced music, which is augmented, rebroadcast or amplified through the use of electrically-powered microphones or speakers, specifically excluding television sets.
(Of course, wouldn't want to keep the sports fans from having fun)
- (h) “Operator” means any person or organization that owns, controls, operates, promotes or maintains or knowingly
engages in conduct that facilitates the operation of an entertainment venue.
- (i) “Pinball Machine” means any machine or device commonly or popularly known as a pinball machine and any
machine or device which registers a score and in which or on which a person can shoot or roll, either manually or mechanically, one or more pellets, balls or marbles upon the insertion or deposit of a coin, slug, token or disc or upon the payment of a consideration.
- (j) “Person” means any individual, receiver, assignee, firm, co-partnership, joint venture, corporation, company, joint
stock company, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
- (k) “Private Dance” means and includes any dance or event that is not readily accessible to the public and which is
not held and conducted for a profit, either directly or indirectly, and which requires no monetary payment or contribution from any of the persons admitted.
- (l) “Roller Rink” means a building, room, enclosure, premises, place or establishment in the City where roller skating
is offered to the general public upon payment of a fee or charge.
- (m) “School” means any educational institution, public, private, secular or parochial, which offers instruction of high
school grade or lower.
- (n) “Security Protection After Dark” means the provision of at least one uniformed sworn law enforcement officer or
at least one uniformed and licensed security guard continuously on the premises of the entertainment venue during the period of 9:00 PM until one hour after the closing hour of the entertainment venue as provided in Section 690.07.
Additionally, City Hall plans to tax these people:
Entertainment Venue Fees:
Public Dance (total dance area of 400 square feet or less) -base fee Public Dance (total dance area of 401 square feet to 2500 square feet)- base fee plus $100.00.Public Dance (total dance area of more than 2500 square feet)- base fee plus $150.00Two or more Amusement Devices under division (b)(1) of Section 690.01- base fee, plus $40.00 per device over 2Amusement Device under division (b)(2) of Section 690.01- $1,000.00 plus $300.00 per deviceBilliards- base fee, plus $20.00 per table over 1
- Bowling Alley- base fee, plus $20.00 per lane over 8
- Restaurant, coffee houses, night clubs or other
similar place that uses music amplification- base fee, plus $75.00 for an outdoor area
Cleveland friends, I demand you contact your Councilperson. Do it now. I'll wait.
I'm serious. I don't want to move back to Cleveland and find out I can't go see any show worth a damn. Anyway, why should the load minority opinion of "concerned citizens" be the only opinion that counts? We get enough of that on the national stage.
Feel like writing about your feelings or maybe just calling? Below:
Cleveland City Council
601 Lakeside Ave., Room 220
Cleveland, Oh 44114
216-664-2840
For more reading:
http://www.examiner.com/nightlife-in-cleveland/cleveland-s-proposed-city-ordinance-347-17-threatens-livelihoods-of-thousands-1
