New Ordinance Threatens Live Music in Winston-Salem

The Winston-Salem Police Department has proposed an ordinance that would force club owners like Richard Emmett of The Garage to hire off duty police officers – the number of which would be determined by the club’s capacity – at a rate of $25 an hour between 9 p.m. and “(1) hour after the nightlife business closes to provide security and
supervision of those areas.”

The Garage has a capacity of 104. Richard Emmett, the owner, would have to hire 4 off duty police officers at $25 an hour. Some of his shows start at 8 pm. The ordinance is blatantly ambiguous so it is unclear whether he would need to hire officers starting at 8 pm or 9 pm in those instances. Supposing the former, he would pay out $800 for one night. His current total monthly payroll is less than $2,400. So only three nights of shows a month with the cost for the proposed security requirement of the new nightlife ordinance would cost him that of his monthly business payroll. Emmett sometimes holds three shows a week. How could he stay in business at that rate?

The ordinance states:

The definition of nightlife business and nightlife entertainment
promoters- [34-51: A] “This definition includes businesses where gross
receipts from sales of alcoholic beverages exceed gross receipts from
sales of food, but does not include premises which are part of a
larger restaurant.

2) The definition of nightlife entertainment promoter: [34-51: D] ‘Any
individual, partnership, corporation, or other entity or agent which
promotes an event at which there are presentations or performances of
entertainment of any sort, including both live performances and
amplified presentations of prior performances, at a nightlife business
not owned or operated by the promoter.’ and the Nightlife
Entertainment Promoter Security Requirements. [34-58] ‘For every event
it engages, promotes, presents, or performs at a nightlife
establishment, a nightlife entertainment promoter must meet the
security staffing requirements set forth in Sec. 34-54 (g) for
nightlife businesses subject to the security program, regardless of
whether the nightlife business at which the event will be held is
subject to the security program. [34-54] ‘At least three (3) uniformed
law enforcement officers and/or security guards registered pursuant to
the NC General Statute Chapter 74-C for up to the first 100 patrons
must be present in the parking ares the nightlife business operates or
utilizes and in areas adjoining the nightlife business from 9 PM until
(1) hour after the nightlife business closes to provide security and
supervision of those areas. For all patrons in excess of 100, the
nightlife business must provide one (10) law enforcement for each
additional 75 patrons.’

In a letter to city officials, Richard Emmett asks:

* What is the definition of an outside promoter. As a community venue,
The Garage works with many local artistic organizations, non-profits,
and individual local promoters such as: The WS Jaycess (Band Aid For
Burn Victims Benefit Show to Benefit the NC Jaycees Burn Center),
Green Street Church (Fundraiser to help replace their roof), Aids Care
Service (Million Star Hotel Benefit Show), River Run Film Festival,
Winston-Salem Cinema Society, Films With A Twist, Clap If Your
Confused Dance Group, Brent Naylor (Camel City Local Music showcase),
WS Poetry Slam, Pop Music Quiz (Ed McKay Books and CDs), Johnny Cash
Bash, Heavy Rebel Weekender Pre-Party. Are these groups going to be
defined as outside promoters. And what about bands promoting CD
release shows, is this considered an outside promoted event?

* Would the City of Winston-Salem have to abide by these same security
rules for outside promoted shows at The Coliseum and Annex, and for
downtown events involving entertainment and alcohol (Rock The Block)
and Winston-Salem Event’s “Music in the Streets” (Alive After Five,
Fourth Street Jazz, and Summer on Trade promoted by the Downtown
Winston-Salem Partnership)? What about the Arts Council (Sawtooth
Center and Hanes Community Center) and SECCA and Reynolda House which
hosts events that involve outside promoters [Carl Denerson’s Smooth
Jazz Concerts and Little Theatre shows at the Arts Council Theatre;
Theatre Allience shows at SECCA for example]. What about fundraisers
at the Millenium Center or other venues in town like DADA’s Masquarade
Ball. Would they also have to abide by these security requirements?

The Public Safety Committee will meet on Monday, July 9 at 5:30 p.m. at City Hall on the corner of 1st and Main Streets in Winston-Salem to discuss this ordinance and determine whether or not it will proceed along the proper channels and be voted on. We don’t want it to get that far.

We’re calling for anyone and everyone who has been inspired by The Garage and other venues like it and by downtown Winston-Salem’s evolution in the past decade to meet at The Werehouse on the corner of 3rd and Patterson in Winston-Salem where we’ll make signs protesting the city of Winston’s attempts to silence music, art, a budding nightlife and downtown revitalization. We’ll walk to City Hall at 5:00 and stand in silence. At 5:30 we encourage people to attend the meeting and speak their minds.