Controversial bill to regulate music venues to be amended

After outrage from First Amendment advocates, the music community, and what seemed like half of Twitter users, Councilman Mark Squilla said he would dial back a bill to revamp the city's music venue licensing rules.

The bill, as drafted, would require venue operators to provide names and addresses of performers to the police at their request.

The police would have final say on which venues get special assembly occupancy licenses - which are required to host shows attended by more than 50 people, according to the bill.

Squilla said Thursday he would amend the legislation to remove the provision for names and addresses since it had no bearing on his primary goal, which was to require licenses for dance clubs that play streaming or recorded music. Currently, venues without live performers are not required to obtain licenses.

"There was other language added for public safety issues to collect names and addresses," Squilla said before Thursday's City Council meeting. ". . . If that's a major concern - it has nothing to do with the intent of the bill - it can easily be amended."

Squilla said the aim was to have all venues that can generate big crowds regulated by the same licenses.

"What we want to do, is we want to stop the bad actors," he said. "We want to get them to be able to pay attention to the same rules and laws as every other venue has to."

Capt. Francis Healy, the Philadelphia Police Department's legal adviser, said the department is more concerned with identifying, for example, promoters at "nuisance bars" who are often difficult to track down after an incident at a venue.

"We've had some previous experience with fly-by-night individuals who come in and they disappear after mayhem happens," Healy said. "It's nice to be able to identify who can be the responsible party. Those individuals operate with impunity and no one knows who they are, and then oftentimes the city is left to clean up the mess."

Squilla dismissed criticism that the bill could disproportionally target smaller minority-owned venues outside Center City.

"It has nothing to do with that - that's a ridiculous comment," he said. "These operators were not hiring DJs, they were not hiring musicians, they were just using their phone or iPad to create a nightclub."

Healy also said the bill had "nothing to do with race."

Still, he said, "I could see where it could be [interpreted as such]. That's something that the councilman will address if that's being perceived in that way. We're very receptive to making sure that perception is being removed. We're not targeting any individual group of people. We're making sure that everybody plays by the same rules so that the city is in a better position to provide public safety."

A second controversial part of the bill gives police final approval of licensing music venues.

On Wednesday, Healy called the provision "a mistake."

"That's going to be clarified as soon as possible," he said in a phone interview.

Healy said that the department has never wanted the final say on licensing venues - or approving the musical acts that play there.

"Don't think the Philadelphia Police Department wants anything to do with approving acts. We don't want to be involved in this. People have First Amendment rights," Healy said. "We never asked for it."

He said the Department of Licenses and Inspections already consults with the Police Department on "the appropriateness" of venues.

According to existing law, L&I takes into consideration "crime, traffic, litter, noise, parking and hours of operation" when licensing venues. It also listens to "community concerns, particularly those of neighbors in the immediate vicinity, as well as the views of the Police Department."

"That's what's in the current law, and there's no need to change that. It worked rather well," Healy said.

Venues are already required to notify their local police district two weeks ahead of any scheduled shows, and provide crowd estimates.

Squilla said his intention was never to have police approve acts, only weigh in on licenses for venues.

He said that much of the bill has been "misinterpreted," and that he would meet with venue operators next week and submit amendments following those conversations. A public hearing on the bill has not yet been scheduled.

awhelan@philly.com

215-854-2961 @aubreyjwhelan