Most of the recent discussion of the outdoor music venue ordinances by me and others has focused on the obstacles they set for restaurants like Shady Grove. But the ordinances' more long-lasting impact will be the change to the permitting process.
Before the new ordinances were enacted, eligible venues were entitled to an outdoor music venue permit as a matter of right. Outdoor music venues must now obtain the discretionary approval of a city functionary. The ordinance directs the city official to consider factors such as neighbor complaints, proximity to other uses and noise mitigation efforts. Neighbors and neighborhood associations are entitled to notice and the chance to voice their opinions. Every existing outdoor music venue will have to run this gauntlet when it seeks its next permit renewal.
But, perhaps more importantly, every outdoor music venue will have to run this gauntlet every year. The new ordinance does not grant venues an automatic renewal. A venue will need a discretionary permit in year one, year two and year 20. There is no finish line it can cross to declare victory.
Theoretically, a music venue could obtain a permit renewal for five years straight but, thanks to continuing neighborhood pressure, be refused a permit in year six. Nothing necessarily would have to change: it might play the same kind of music, to the same crowds, during the same hours, with no violations of the decibel limits.
Now, I hope city staff will administer this thing consistently. It should allow outdoor music venues that receive a permit in year one to receive a more or less automatic renewal in later years unless it violates the noise limits or there is some significant change in the neighborhood. But no matter what city staff does, the permitting process is now an intrinsically political one. Venues which draw opposition in year one will, more than likely, draw opposition in years two, three and four.
A likely (and perhaps intended) consequence of this ordinance will be to deter applications for new venues. Making the up-front investment will be less attractive if the venue's right to operate will require annual, discretionary (and intrincially political) approval.
