A long-running deliberation on revisions to the laws governing how, when, and where musicians can perform is finally headed toward resolution, following a public hearing before the East Hampton Town Board last Thursday.
Fourteen months after a chorus of local musicians and owners of music venues called the original proposal “draconian” and “mean-spirited,” NancyLynn Thiele, an assistant town attorney, described revisions that significantly soften it. Board members had argued that musicians’ concerns were overblown, but also conceded that the legislation should be rethought, with input from the town’s business committee.
The initial plan would have allowed the town clerk to deny approval of a music permit based on two or more prior convictions pertaining to entertainment, fire prevention, special events, noise, or zoning within the previous 36 months (current rules stipulate 18 months). Music permits are now free; a proposed schedule set a $100 fee starting this year. Appeals from denials had to be in writing only, made within 30 days to a committee of officials from emergency management, building department and code enforcement, and the fire and police departments.
An initial set of revisions was presented in November. It too received poor reviews from musicians and the Montauk Chamber of Commerce, who argued that it remained unduly burdensome, discouraging restaurants and bars that want to offer live music from even seeking a permit, with performers losing jobs as a result.
In January, meeting with board members in Montauk, business owners and musicians allowed that the latest revisions were somewhat more palatable but said they still included some unreasonable provisions.
In the version described by Ms. Thiele last week, venues are still required to get a music permit to have live musicians or a D.J. Such permits formerly renewed automatically; they would now be valid for one calendar year. If violated three times within a single year, the permit could be liable to cancellation. Previously, cancellation or outright denial could be based on as few as two convictions within the past three years.
The parameters of potential violations have been narrowed to noise and fire prevention, meaning overcrowding, non-functioning fire protection and/or carbon monoxide detection systems, and failure to provide and maintain safe exits. The fire marshal agreed that this is adequate to address health and safety concerns, Ms. Thiele said.
Applications for a music entertainment permit where the venue in question has been convicted of a violation related only to noise or fire safety will be heard by a review board consisting of the heads of the Architectural and Design Review Board, the Zoning Board of Appeals, and the planning board. Other applications will be processed by the town clerk.
Before a permit expires, but no later than Oct. 1, the town clerk is to send permit holders a form to verify that information provided in the application is still accurate. The clerk will then issue a new permit provided the application remains eligible. Those who fail to return the form in time will have to submit a new application.
Permits will remain free, but the town board can establish a fee if it so decides. The proposed legislation makes it clear that commercial establishments that are not restaurants or bars are allowed to play recorded “background music” without obtaining a permit.
Live music or a D.J. will still be allowed outdoors until 9 p.m. A permit does not confer a venue’s right to expand use to a concert hall, dance hall, or nightclub, Ms. Thiele said.
As it has been doing since March during the Covid-19 pandemic, the board met via video conference. Last Thursday’s hearing was held open for additional public comment, which can be submitted until two weeks after publication of its transcript, which had not been published as of Tuesday afternoon. The board will vote on the proposed revisions at a future meeting.
The apparently imminent resolution of an at-times acrimonious debate between the board and the public is paradoxical, given that live-music venues remain closed under executive order and public gatherings are tightly restricted. Where live music emanated from multiple venues at this time last year, today there is a deafening silence.
Nancy Atlas, a musician who lives in Montauk, made note of that when she called in to last week’s meeting. “Getting to the finish line seems ironic,” she said, “since 100 percent of artists are struggling so hard.”
