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Committee opens discussion on loosening live-entertainment restrictions; directs staff outreach and legal review, continues to Sept. 13
Summary
Commissioners discussed loosening select live-entertainment prohibitions (indoor, low-volume performances and limited special-event allowances) and asked staff for a narrow pilot proposal and legal cleanup; item continued to Sept. 13 for return with draft language and outreach results.
The Land Use and Sustainability Committee on June 6 opened a discussion about possible changes to the city's live-entertainment rules to promote arts, culture and neighborhood businesses and directed staff to do outreach and prepare draft, narrowly tailored options for committee review in September.
The code defines "entertainment" broadly, covering live or recorded performances, amplified or not. Nick (city attorney/staff) explained the code currently excludes background recorded music played at ambient volume but treats a live DJ or performance at the same ambient volume as "entertainment," which can trigger conditional-use or other review. Tom (staff) said two areas (South of Fifth and Sunset Harbor) prohibit entertainment outright; other commercial areas permit indoor entertainment under occupancy thresholds or require Planning Board approval for outdoor entertainment.
Commissioners and commenters said current rules produce incongruous results: a restaurant can play recorded music at ambient volume but a live performer at the same level is treated as entertainment subject to prohibition in some areas. Committee members suggested a pilot or narrowly tailored program focused on restaurants and small indoor performances, limited days and hours (examples discussed: weekend brunch hours, no later than 9 or 10 p.m. on weeknights and 10 or 11 p.m. on weekends), and special-event allowances (a small number of permitted festivals or holiday performances per year).
Callers and neighborhood commenters urged protecting resident concerns and neighborhood input; a Sunset Harbor caller said residents should have the ability to opt out or vote on neighborhood-level changes. Commissioners directed the city attorney to clean up language to reduce legal risk and asked staff (including outreach to local businesses) to return with a draft ordinance or pilot proposal. The committee continued the item to its Sept. 13 meeting to allow outreach and ordinance drafting.
