A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-29, regarding a report on reevaluating the fees associated with community block parties, specifically entertainment fees for unpaid, local musicians

CAMBRIDGE LICENSE COMMISSION Telephone [phone removed]  Facsimile [phone removed]  TTY/TTD [phone removed] license@cambridgema.gov | www.cambridgema.gov/license 831 Massachusetts Avenue, First Floor, Cambridge, MA 02139 RESPONSE TO COUNCIL ORDER TO: Louis DePasquale, City Manager Lisa Peterson, Deputy City Manager CC: Nancy Glowa, City Solicitor Joseph Barr, Director of Traffic, Parking & Transportation FROM: Nicole Murati Ferrer, Esq., Chair of License Commission Dr. Branville G. Bard, Jr., Police Commissioner DATE: August 20, 2018 RE: Response to City Council Policy Order #60 – Fee for Block Parties In response to City Council Policy Order #60, adopted March 5, 2018, the Board of License Commissioners (the “Board”) discussed re-evaluating the fees associated with community block parties, specifically entertainment fees for unpaid, local musicians. Per the Board’s discussion and vote of August 15, 2018, the Board found that the one-day entertainment fee of $50.00 is reasonable and should remain unchanged. The $50.00 fee has been in place since July 1, 2012, when it was increased from $40.00. The fee has remained unchanged since 2012 even though there has been a significant increase in these one-day events. For example, during the 2017 calendar year, the Board issued a total of 331 one-day entertainment licenses. To date, the Board has issued more one-day entertainment licenses than last year. The increase in numbers is due in part to the economic development of the City and its robust social calendar. The other reason for the increase is the amount of time the License Commission has spent monitoring unlicensed events or responding to complaints as to unlicensed events that now seek the proper licenses to run such events. Finally, the City is now hosting more events that require entertainment licenses (the City or its departments do not pay a license fee but do require a license). The Board issues one-day entertainment licenses when there is a public show, public amusement, theatrical exhibition or exhibition of every description. This includes licensing of entertainment encompassing live and recorded music, movies, DJs, floor shows, patrons dancing, and/or amplified music/voice. The licensing requirements come from multiple provisions of Massachusetts General Laws Chapter 140. Neither state laws, nor the Board’s application, differentiate between a “block party” or any other party, or whether the entertainment is being provided by paid or unpaid entertainers. The standard applied when considering an entertainment application pivots on whether the “license would lead to the creation of a nuisance or would endanger the public health, safety or order by: unreasonably increasing pedestrian traffic in the area . . .[,] or increasing the incidence of disruptive conduct in the area . . .[,] or unreasonably increasing the level of noise in the area. . .” See generally G. L. c. 140, § 181. Every time a one-day application is received, the License Commission staff reviews it for completion. In addition, attachments are to be reviewed and solicited if not provided by the applicant. Depending on the type of application and location of the event, the attachments include a letter of permission from the owner of the location where the event is to take place and may include permits

Response to City Council Policy Order #60 (March 5, 2018) August 20, 2018 Page 2 of 2 from different City or State agencies. Police sign-off is also required and sometimes the staff works with the applicants and assists them in getting these sign-offs, as well as any additional sign-offs. Once the application is reviewed, the staff schedules the application for a hearing, notifies the applicant of the hearing, and places it on the Board’s agenda. Most of these applications are considered by the Board “on the papers” and the applicants do not have to appear before the Board on the date of the hearing. If there is a history of complaints with regard to the applicant, event, or if the event is in a noise sensitive location, the staff has to pull out the information for the Board. The Board members review the application. This review may happen multiple times as the Board members may review it prior to the hearing and always review it at the hearing. Part of the Board’s review includes any disciplinary history regarding the applicant or previous complaints with regard to the applicant, event or location. The Board members, at an open meeting, discuss the application and vote to either grant, deny or defer. If there is a vote of deferral, that means further follow up is needed and/or more information necessary before the Board can vote. This will probably result in the consideration of the application in a future hearing, which requires administrative and Board follow up. License Investigators are informed of any one-day license that is granted. In the past, all one- day events were inspected by License Investigators. As these events grow in numbers, Investigators no longer have the capability of inspecting them all. However, Investigators often monitor and inspect as many one-day events as possible. In addition, any complaint with regard to a one-day event is investigated. If there is an investigation of an event, it may result in the issuance of a warning to the applicant or a disciplinary hearing before the Board. If there is a disciplinary hearing, further administrative tasks are performed by the License Commission staff and Investigators, including preparation of the case and file, noticing of the hearing, coordinating with witnesses, and live testimony at the hearing. The Board conducts the hearing, and issues written decisions on its findings. Although most one-day events in the City run smoothly and the License Commission and Board’s role end with the event, some do not. There is a lot of administrative, regulatory and enforcement work tied to these one-day events. The cost of $50.00 per license/event is reasonable and does not even cover the costs of processing, regulating and maintaining these applications and licenses. However, because the importance of these events is recognized, the license fee has been unchanged since July 1, 2012. Thank you.