A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-64, requesting Home Rule language to allow for acoustic live entertainment performances in small businesses under certain conditions without a license. TABLED IN COUNCIL FEBRUARY 22, 2021

CAMBRIDGE LICENSE COMMISSION NICOLE MURATI FERRER CHAIRPERSON | BOARD MEMBER BRANVILLE G. BARD, JR. POLICE COMMISSIONER | BOARD MEMBER GERARD E. MAHONEY FIRE CHIEF | BOARD MEMBER ELIZABETH Y. LINT EXECUTIVE DIRECTOR 831 MASSACHUSETTS AVE, CAMBRIDGE, MA 02139 TELEPHONE [phone removed] | FACSIMILE [phone removed] | TTY/TTD [phone removed] LICENSE@CAMBRIDGEMA.GOV | WWW.CAMBRIDGEMA.GOV/LICENSE MEMORANDUM TO: Louis E. DePasquale, City Manager; Nancy E. Glowa, City Solicitor; Arthur Goldberg, Deputy City Solicitor; Samuel Aylesworth, First Assistant City Solicitor; and Keplin Allwaters, Assistant City Solicitor FROM: Nicole Murati Ferrer, Esq., Chair of Board of License Commissioners DATE: February 12, 2021 RE: Home Rule Petition to Eliminate Certain Licensing Requirements of G. L. c. 140, § 183A At the request of the City Solicitor, during a public meeting on February 10, 2021, the Board of License Commissioners (the “Board”) discussed the possibility of a home rule petition seeking special legislation to allow acoustic music performances of five or fewer performers with no amplification except for one microphone at licensed establishments in the City of Cambridge, without the establishment being required to first obtain a license as required by G. L. c. 140, § 183A (the “Home Rule Petition”) as requested by the City Council in Council Order No. O-9 of 11/16/20, and to discuss whether the Board had any concerns. I write this as the Board’s designee and inform you that our consensus is we have many concerns adopting or implementing the Home Rule Petition as proposed. Specifically, the Board discussed that even though the City of Boston engaged in this type of non-licensing through a pilot program, this type of program or Home Rule Petition would not work in the City of Cambridge. Since 2016, the Board has done a comprehensive review of what was being licensed under G. L. c. 140. The Board eliminated a lot of the “superfluous” categories that were being licensed, eliminated the requirement to license categories which were not required to be licensed and which did not affect the factors that the Board needs to consider per state law when issuing such licenses. The Board focused on the categories listed in the state law, those that create noise, that may affect the public safety, that may increase traffic, and all other considerations pursuant to state law. The Board gave careful consideration not only to state law but also the City of Cambridge’s Noise Ordinance and the nature of our City. Hence, the Board believes that the current licensing requirement for live music is necessary and appropriate. The Board discussed their concerns about the zoning issues that are implicated by the proposed Home Rule Petition and which are not addressed or being discussed front and center. The way the City is zoned would impede this type of entertainment in many, if not most, of the places that are not currently licensed. It would be misleading and create unnecessary roadblocks for the businesses to adopt such a Home Rule Petition when there would be zoning impediments or need for a variance. There is also the issue that if this is allowed on any area of the licensed premises, those that have outdoor areas and add this amenity to it, can end up adversely affecting street performers. In addition, the City of Cambridge is very dense, commercial, and residential areas are often mixed and intertwined, and our residents expect a peaceful and quiet City. The Board could not recall a time when noise was not an issue one way or another in its last meetings. For example, in the meeting where this was discussed the two disciplinary items on the agenda both related to noise complaints/violations. Often, when a new establishment applies for a license, noise is a consideration and one that is raised as a possible problem. Noise variances are often part of the matters considered

Memorandum RE: Council Order No. O-9 of 11/16/20 February 12, 2021 Page 2 of 2 by the Board. Since the Board, License Commission and Police enforce the Noise Ordinance, the Board understands that adopting such a Home Rule Petition would create a flurry of new and additional noise complaints and raise a serious enforcement issue. Noise of this nature is actionable under the Ordinance only if plainly audible from a distance of fifty (50) feet. This means that many times it is not actionable because the complainant is closer than fifty (50) feet. In addition, even if it is actionable, unless it is heard by the responding investigator or police officer, it is very hard to take action against the business, which ends up frustrating the residents/complainants. We have people staying home more and using home as an office. Prior and even during COVID-19, the noise complaints we receive are not limited to late night, they include daytime and early evening. Allowing this without any licensing or consideration to the residents surrounding the businesses would create an incredible problem. The Board also raised safety concerns. Live music, even if limited to 5 people with instruments and one microphone, take up a lot of space. Even ignoring the current space limitations we have with COVID-19, you still need a dedicated space for these musicians and their equipment to ensure that they (or their instruments) are not blocking the ingress/egresses, pathways or affect the minimal ADA space requirements. There are a lot of small venues in Cambridge where adding this type of amenity without review could end up creating safety issues for the employees and patrons. The Board concluded that currently there is a way to apply to the License Commission for this type of event/amenity either on an annual or daily basis. It is not a difficult process, and it is a process that ensures that zoning approval is obtained, that if a variance is required one is obtained, or that if it is not allowed because of zoning, that a license is not improperly issued. It is a process that allows the public to express their concerns before the license is approved, and it is a process that allows the Board and other regulating departments to dedicate staff to monitor to ensure common good and public safety. It is not a cost prohibitive process and it is one that is necessary for this type of entertainment in the City of Cambridge. Allowing such a Home Rule Petition would create an insurmountable number of noise complaints, would result in places engaging in the practice against zoning and other legal requirements, and would result in an unmanageable system for issues such as safety and enforcement of laws and Ordinances. Please let us know if you would like to discuss further. Thank you.