HomeMy WebLinkAbout20100301 - VI-05To: MaVOr Hicks & City Councihnembers
From: Melanie Mesko Lee, Assistant City Administrator
Re: Outdoor Music Permit Application & Process
Date: February 24, 2010
Council Action Reauested:
Approve a policy and form for requests for outdoor music and a process whereby businesses can
apply to play music after 10 p.m. and until 12 midnight.
Background Information:
The Administrative Committee of the Council (Hollenbeck [chair], Nelson, Schultz) has met
recently (January 27 and February 18) to consider a process by which to ensure better consistency
and responsiveness for outdoor music requests.
Over the last few years, the City has received a number of requests for amendments to liquor
licenses for purposes of allowing tent dances or other outdoor music events where alcohol will be
served. While the City has considerable discretion on allowing amendments to liquor licenses for
these events, the musical element has been as much of a point of discussion with regards to how
late music can be played and how complaints from surrounding property owners will be
addressed. Additionally, late requests by licensees have periodically resulted in insufficient time
to review requests.
Approval Process for Outdoor Music Requests-the pla5ring of music outdoors on its own
property does not of itself currently require a license for a business. Instead, typically requests
for outdoor music have accompanied liquor license amendment requests, and ending times for
outdoor music have been tied to the liquor license amendment approval. However, there are
situations where a business may want to offer outdoor music independent of a liquor license
amendment request. This could occur at a business where they wish to have music at an outdoor
patio which is covered under their liquor license. Regardless of whether the request for outdoor
music is tied to a liquor license amendment request, there is no current policy on how late outdoor
music can be played. The City has a nuisance code that states that loud music will be responded
to on a complaint basis.
To that end, the committee discussed w-hether a process should be developed and it was agreed
that some consistency in application would be beneficial for both businesses owners and the City.
Therefore, the committee has recommended that outdoor music until 10 p.m. should be permitted
with no licensing required by the City. Establishments that wish to offer outdoor music past 10
p.m. will need to apply to the City for a license to do so. The Committee also felt that outdoor
music should end by midnight. Additionally, the committee recommended that no fee be
associated with this application. A copy of the proposed license application is attached. It should
be noted that even if a business has been granted a license to allow outdoor music after 10 p.m.
by the City, the current code still allo~~s the City to respond to noise complaints and direct
businesses to adjust the volume of outdoor music if that is determined appropriate. A license for
outdoor music does not grant a business from playing music as loud as they choose.
Finally, the committee supported a 30 day guideline for businesses to submit requests for outdoor
music or liquor license amendments.
Michelle Jacobs from the Chamber of Commerce attended the Januai~- 27 Administrative
Committee meeting and also sent a mailing to chamber members outlining this proposal To date,
no comments have been received from the business community on this proposed process. Should
the Council adopt this policy and application, the City ~~-ill ~~orlc ~~ith the Chamber to
communicate this ne~~ process to the business community in an effort to avoid any
misunderstanding of ~~-hat ~~i11 be permitted in advance of the summer season ~~-hen outdoor
music is generally offered.
Please let me lcno~~ if you have any questions.
City of Hastings
Application for City License
Outdoor Music
10 p.m. -Midnight
Businesses may offer outdoor music without a City permit until 10 p.m. Businesses wishing to
offer outdoor music after 10 p.m. through midnight must receive a City permit to do so.
Outdoor music after midnight is not permitted. Calls regarding loud music will be responded
to on a complaint basis and the City of Hastings reserves the right to direct changes to the
outdoor music as deemed necessary.
Name of Establishment
Business Address
Person Making
Application Association
with Business
Business
Phone Cell Phone Home Phone
Date(s) of
Event Proposed
Start Timc Proposed
End Time
Describe Proposed Event,
including estimated attendees
Will a liquor license amendment be required? ^ Yes ^ No
A liquor license amendment will be required if the licensee proposes to serve alcohol outside the currently
licensed building or irramediately contiguous patio which is included in a current liquor license.
Location of Music
(attach a sketch)
Number & location of
proposed loudspeakers
Other equipment
Data Practices Notice
Every city in Minnesota must comply with the Minnesota Government Data Practices Act
(MGDPA), which, in conjunction with other state and federal laws, classifies all government
data. Government data are classified in different categories depending on whether they are
accessible by the public
Government data means all data collected, created, received, maintained or disseminated by the
city regardless of its physical form, storage media or conditions of use. There is a presumption
that government data are public and are accessible by the public for inspection and copying
unless there is a federal law, state statute or temporary classification of data that provides
differently.
Applicant Initials:
I hereby certify that all statements made in this rc~nc~u~al application are true c~n~' complete and
understand that any misstatements or omissions ur mc~ic~ric~l faci., may result in c/isyr~c~lificcrtion or
denial of the license.
Signature of Applicant Date
City Use
Application Received I)lllC: ~t~iff
C:~nailions
~t~iff inititils (if any)
Staff Review ~'itv Council Approval
I.ic~ns~ Issued
~'it~ of Hastings
I ~ ~ I Furth Street East
H~stin~s, Minnesota 55033
651-480-2350
www. ci. hastin~s. mn.us