Musicians Set To Protest Proposed Changes To Live Music Permits

MONTAUK, NY — Musicians and music lovers alike are expected to turn out at a public hearing in East Hampton Thursday that they say could potentially "wipe out" live music.

The public hearing will be held at East Hampton Town Hall, located at 159 Pantigo Road, and will spotlight a proposed local law amending Chapter 117, regarding music entertainment permits, with regard to renewal and denial of those permits.

Changes to the code, if approved, would mean permits would be valid for one year —and "the issuance of a music entertainment permit does not confer upon the establishment any additional use or accessory use, or expansion of an existing use or accessory use of the property, including but not limited to the use as a nightclub, dancehall or concert venue."

The new legislation is intended to update the music entertainment permit process to allow the town clerk "to obtain necessary information prior to the granting or renewal of a permit; to provide a broader criteria for denial, suspension, revocation, modification or limitation of an application or permit while requiring convictions rather than summons as a basis; and to create a committee, rather than the town board, to review decisions of the town clerk with regard to denial, suspension, revocation, modification or limitation of an application or permit," the resolution announcing the hearing states.

A floor and seating plan indicating the location of the source of the music entertainment would be required.

"All music entertainment permits may be subject to a permit fee, and the town board, by resolution duly adopted, from time to time shall establish or amend such fee amount," the changes state.

The proposed changes also say that the town clerk would have the discretion to deny approval of a music entertainment permit to any establishment or owner, based upon two or more convictions of the East Hampton town code as it pertains to music entertainment permits, fire prevention, special event permits, noise or zoning in the past 36 months.

While an applicant could appeal such a denial, the appeal must be in writing and filed within 30 days of the denial, the town said.

If the town clerk denies an application, under the proposed changes, the town clerk would refer the matter for a hearing before a committee comprised of the code compliance and emergency preparedness administrator, or a designee; the chief of East Hampton Town Police, or a designee; and the chief fire marshal, or a designee to determine whether or not to deny, suspend, revoke, modify, or limit the music entertainment permit in any way.

"In lieu of modifying, limiting, suspending or revoking a music entertainment permit as provided above, the committee may require that a permit holder provide soundproofing or other measures to address noise concerns or set any other conditions that the committee may deem reasonable," the proposed legislation states.

Should ownership of an establishment change after the issuance of two or more convictions, but prior to a final determination of the committee with respect to those convictions, the new owner may only obtain a music entertainment permit after a hearing; similarly, all modifications and limitations of a permit as set forth by the committee after a duly noticed public hearing ... shall be binding on subsequent owners. However, an owner may seek to remove any limitation or modification of a permit by requesting a hearing, the changes propose.

The proposed local law was sponsored by East Hampton Town Councilwoman Kathee Burke-Gonzalez.

Performer Nancy Atlas has taken to social media to rally the proverbial troops, outraged by the proposed changes that she said could mean a fatal blow to the live music scene.

For one, Atlas said, it's all too easy to be issued a violation - right now, she said, the allowed decibel readings are so low, it's possible to get a ticket without even the band playing. If a permit can be denied after two convictions, the door would be open, she said, for many permits to be denied, despite the fact, she said, that live music bolsters the economy. "If this law goes through it is going to be a direct tool to shut down any venue that they want," she said. "We need you to rise up and we need you to support us this time."

The proposed changes have some well-loved local musicians including Atlas seeing red: "They are proposing a bill that will effectively wipe out the right for businesses to have live music for whoever they choose but here is the catch — I’m young, I’m calling in the troops and I’m ready for the fight," said Atlas on social media. "Bring it, Town of East Hampton. A new day for live music is coming. We just have to remind them of our positive economic and cultural power and demand the respect. At this point a piping plover gets more protection in this town than a tax-paying, benefit-playing local musician. I say 'BRING IT ON!' I’m ready and willing and If I have my way by the time I’m done there will be a live music revolution. This is the straw that broke the camel's back."

Live music was celebrated in 2016, when Atlas took the stage at the Surf Lodge to welcome back live music at the establishment.