Archive for the ‘Street Performers Busking Notes’ Category

Open that Can of ASCAP! Cities Need to Underbid and Compete with the Music Mafia

March 15, 2018

Now if the city wanted to collect revenue, they could underbid ASCAP and BMI and be a central DFW hub for businesses to start paying their annual music police fees/licenses to. If we took on that role, we wouldn’t have to police these establishments, we’d tie it to their annual property taxes or permits. We’d create jobs locally getting royalty checks to the artists and producers….instead of giving it to a music association who then pays a bunch of lawyers to fight in court those who refuse to be extorted. The music middleman is the mafia and both the venue and the musicians are getting ripped off…would rather see the city get into that business. The city once looked into owning a natural gas plant…so there you go.”

So I contacted one of our council people about the idea that the city should underbid the music associations claiming to be non-profit…”I met with Aldo at Downtown Management Tuesday to discuss busking and ASCAP liabilities with festivals, ArlingtonNights, business owners, and potentially the musicians themselves….he asked me to ask ASCAP if they’d entertain the idea for a downtown business license that covers all downtown businesses to be able to be licensed to provide live or recorded music…but I have yet to hear back from them and can’t see them giving up control and the threat of lucrative lawsuits….I would like to know what ASCAP and BMI pay their employees/attorneys as they claim to be 501C3 but keep almost 12% of musician dues and venue licenses fees. The average annual license is from $356 to $7000/year (they have tiered rates also they take the occupancy size limit times $3.33 but have a minimum annual due of $356/yr)…why give it to a middle man? Why would a private non-profit who has a PAC and is chummie with congressman/woman exist to carry out federal copyright law when the enforcement could be lucrative to local municipalities? THIS is the business Arlington should look into getting into. If you guys underbid ASCAP and BMI, then they lose their customers…all we need is a software system that musicians interact with to get paid. Tarrant County Tax collectors could very well tie the music license fees to their annual taxes…so underbiding is easy when you take out paying the attorneys. Also the 1950’s legislation that is antiquated in the way of deciding what the royalty amount to pay (there is this royalty board that sets the rates from a legal standard)…yeah is finally being challenged to be changed to a system that approximates a willing buyer with a willing seller market rate…keep an eye for the outcome of the 2017 Music Modernization Act. Look at ASCAP’s 2016 annual report to see their revenues and their growth….I feel they (ASCAP and BMI) should stick to collecting international and unincorporated areas’ dues and licensing fees and let the city governments use that extra cash to pay our police and firemen”.

So first let us look at their foundation’s handiwork….

It is in the red from income to expenses for the foundation by $636,800 but they can afford the shortfall as when you look at their 2016 balance sheet the headlines read…

ASCAP Delivers Record-High 2016 Financial Results: Collects $1.059 Billion in Revenue and Distributes More Than $918 Million to Songwriter, Composer and Music Publisher Members

What makes up that revenue?

ASCAP’s US licensing  $759 million + Foreign revenues totaled $300 million.

 

But they also collect member dues… back in 2010 a friend told me it cost $50 for a membership and lasts a lifetime.  ASCAP claimed “In 2016 alone, we processed over one trillion performanceswelcomed 40,000 new members,….” so if they still charge $50 a membership then that is ADDITIONAL income in 2016 of about $2 million.

$1.059b + $2m = $1.061 billion in revenue

The difference between $1.061 billion income and $918 million expenses leaves $143 million to pay their employees and cover that foundation shortfall of $636,800.

$143,000,000 – $636,800 = $142,363,200 (or $142.4 million) left over after royalty distributions.

What makes up their domestic expenses?

“Domestic distributions of $631 million from ASCAP-licensed and administered performances in the U.S. grew nearly 10%, up $55.5 million over 2015.”  Of the $918 million in expenses, $631 million (69%) was domestic distributions.

What are their OPERATING EXPENSES?

Well we know what their foundation expenses are and once you net the foundation shortfall, $142.4 million is left over to go towards operating expenses.

“ASCAP operates on a not-for-profit basis and delivers about 88 cents of every dollar collected back to members for performances of their music”.  Which means they keep 12% of venue payments. In the “about us” page of their website they say that 11.6% is allocated to operating expenses (run the mafia/pay lawyers and employees for enforcement and royalty distributions).

$142.4 million x .116 = $16.5 million went to the ASCAP (mafia) “non-profit” in 2016.

I repeat I figure that $16.5 million went to the ASCAP (mafia) “non-profit” in 2016

Also in their “about us” page they say they have 150 reps in the field to approach businesses that do not respond to collection demands by email or phone (yep they have an office in PLANO TX)….so in not counting attorneys and if you add the 77 people on the ASCAP Team plus (and not counting the board), there may be up to 227 employees and the average pay could be $73K/yr?

In any case I believe the cities should ban together and come up with one database to payout royalties and shut out the middleman’s $16.5 million to enjoy this money LOCALLY.

Read on to find out how the middleman’s cut really is probably understating if all appropriate entities were compliant and current to copyright law licensing (think single payer system and economies of scale).

And do the members really get paid for their radio plays? Not likely (see ripoff report for one example).

What about getting paid via live performances? ASCAP writes Top 300 Tours Survey
ASCAP surveys and distributes royalties for the ASCAP songs performed during the 300 top-grossing tours each year, as reported by Pollstar. This includes both headlining and opening acts. ASCAP requests setlists directly from managers, promoters and venues where available“.

Another way to get paid is for the musician to self-report via “ASCAP ONSTAGE” when they play live (like at open mics or in restaurants or small concerts and festivals). Note this is a really efficient way to get the mafia informed of non-compliant venues so they can start demanding licenses for unregistered venues (and then threaten to sue them)….all for what an estimated .0003 cent a song? Someone on FB claimed that a well known artist had something like 40,000 plays and got a $12 check….If someone reading this is self-reporting to ASCAP and have been paid, please do chime in how much they got paid and what size venue it was that they played in (and was it worth it to the venue to get hit with those fees if they shut her down in being musician friendly).

 

Here is what can happen when we shut out the middlemen

  1. All appropriate business types will get licenses tied to their property taxes or operating permits so no attorneys and court systems are tied up
  2. More money in the pool means more money goes to royalties and the city services needed to support local businesses such as police and fire departments
  3. But what about the foundation? It can be administered through local governments.
  4. More businesses will be friendly to live & recorded music.

Best part is we take the ASCAP & BMI mafia PAC out of congress and so that “claimed nonprofits” don’t hide behind copyright law to get paid carrying out federal law….the cities do. That way citizens and businesses indirectly enjoy the benefits of the licensing fees LOCALLY…and musicians EVERYWHERE get bigger royalties in having a bigger pool of money to be paid from.

ASCAP writes, “With 650,000 members representing more than 10 million copyrighted works, ASCAP is the worldwide leader in performance royalties, service and advocacy for songwriters and composers, …”   yeah right and I’ve got some swampland for ya.

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Texas Live giveaways include giving away rights to short term rentals to ensure Lowes Hotels have customers

January 19, 2018

UPDATE 10/14/18

Its all about making sure the LOWES hotels have customers ya’ll!!! #TeamTermLimits. If 34% of the 373 active rentals (127 rentals) are being occupied for 90 plus nights a year, then we have at least 127 couples displaced from a real hotel for 90 nights a year, then that is at least 11,430 less booked hotel rooms per year…and that isn’t fair to your good’ol boys network. 

Notes I emailed to the mayor and council for the Arlington City Hall public hearing on 10/16/18…

This Tuesday we have an agenda item for the first reading to ban all Short Term Rentals in Arlington. The ordinance will be updated to be CLEAR  that NO STR’s are allowed…period! Such that “providing for a fine of up to $2,000.00 for each violation;”   verses the Gas Drilling Ordinance offenders get a $500 fine…“If the definition of an offense under this Chapter does not prescribe a culpable mental state, then a culpable mental state is not required. Such offense shall be punishable by a fine not to exceed Five Hundred Dollars and No Cents ($500.00)”.

In the day session presentation, https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/253239/10-16-18_STR.pdf  

There are 487 active listings …

str internet active listings

Page 10 shows a chart of 10% of the STR’s having 5 bedrooms and 17% have 4 bedrooms which in my mind can be at risk for those pesky party houses that get the most attention.

But the City cares not for complainers as we have complained about co-existing with gaswells in our now industrialized neighborhoods…so what does the City care about?

The City issues claimed in the staff report, “These include, but are not limited
to: over-occupancy, on street parking, noise, littering, and a general lack of accountability
due to the occupants’ transient nature. The effects of short-term rentals run counter to the City Council’s established priority to “Champion Great Neighborhoods”. Those great neighborhoods near all the fracking sites right?

Your 2015 Champion Great Neighborhoods newsletter http://www.arlington-tx.gov/budget/wp-content/uploads/sites/19/2015/02/Newsletter-Champion-Great-Neighborhoods-Vol-1-2.pdf shows that we commute an hour a day round trip working OUTSIDE of Arlington ….

ave arlington resident info

YOUR failings to not attract businesses IN ARLINGTON that pay liveable wages have manifested in taking the low road/short cuts of allowing fracking in our neighborhoods, giving away the store in our Entertainment District to special interest group millionaires who support non-liveable wages type jobs. These Texas Live giveaways include giving away our right to rent our homes short term to ensure that the Lowes Hotels have customers.

In the work session presentation, the executive summary reads YOU care about the availability of long-term affordable housing units. Homes that you admit in the executive summary of the BBC Research & Consulting Firm in the 2014 Housings needs Analysis, that “Data showed that the City of Arlington is largely affordable to its residents relative to other (peer cities in the metropolitan) areas. The report also states that Arlington has a moderate amount of rental properties in need of upkeep. It would stand to reason that entities who bought these ugly homes and intend to make STR’s out of them might have kept them better maintained as a STR than to rent long term and be the ugly home(s) in our neighborhood…but at least the occupants will not be strangers? I would take strangers over ugly, affordable, long term, rent homes thank you!

I recall sometime after the ATT Stadium was built our City Manager, Trey Yelverton, saying our rents can come up in Arlington due to supply/demand and increasing valuations….so why the about face in worrying about unaffordable rent? str executive summary

What is even more contradicting is the statement that “many STR’s are never or seldom rented”….

summary 2 str

If 34% of the 373 active rentals (127 rentals) are being occupied for 90 plus nights a year, then we have at least 127 couples displaced from a real hotel for 90 nights a year, then that is at least 11,430 less booked hotel rooms per year.

Why do we care when we are not collecting hotel occupancy taxes for Texas Live for the next three decades? “As part of a public-private partnership approved with the Texas Rangers last December, the City of Arlington plans to contribute $50 million in natural gas revenue toward the Texas Live! project. If project milestones are met, the City is also prepared to provide performance-based incentives that include allowing the team to retain income from the following sources: hotel occupancy tax, property tax, sales tax and mixed beverage tax for 30 years from the City and hotel occupancy tax and sales tax from the state for 10 years.” http://www.arlington-tx.gov/news/2016/09/20/250-million-first-phase-of-texas-live-set-to-break-ground-in-november/

Some of these internet STR service companies actually COLLECT THE TAXES FOR OUR CITY and you want to do away with that? WOW!

Why do we care more about the special interest millionaires than the local residents trying to capitalize on their homesteads that they pay property taxes on?

We originally bought our homes as a residence in a residential area and the City came in and let us make money frack-mining near our homes….the City now wants to say we can NOT make money renting out our homes and how that interferes with the quality of life of nearby residents.

No its not about affordable rents or quality of life, its about lining the pockets of special interest buddy millionaires and doing away with the entities collecting STR taxes and doing away with the proposed 2019 $113K  revenues to be generated for the service charges for the STR inspections.

Like the City Council Term Limit litigation, you love to invite tax payers to foot your attorney bills in bad decisions….banning STR’s is unconstitutional. Why a single individual in 2015 in Bexar County, Mr Tarr, was successful in having the Texas Supreme Court UNANIMOUSLY overturn an earlier ruling banning his short term rental. Justice Jeff Brown wrote on behalf of all nine supreme court justices, “So long as the occupants to whom Tarr rents his single family residence use the home for a residential purpose no matter how short lived…”

In 2016 Ken Paxton gave support to fight Austin’s Home Rule laws to ban STR’s and it is currently in the state court of appeals. So the momentum is there to challenge these all out STR bans.

So at least table this vote til my ORR for the Arlington resident surveys become public. I want to analyze what the majority of residents want…not what you think your billionaire buddies need.

str.JPG

Enter a caption

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/254430/Staff_Report_-_Short-term_Rentals.pdf https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/254430/Staff_Report_-_Short-term_Rentals.pdf “The proposed ordinance defines a short-term rental (or “STR”) as residential premises, or portions thereof, used for lodging accommodations to occupants for a period of less than thirty (30) consecutive days. It prohibits the short-term rental use of all residentially-zoned property within the City of Arlington. It requires booking platforms (i.e. AirBnB, VRBO, etc.) to notify owners of property wishing to list their properties for rent that the City of Arlington prohibits the short-term rental of residential properties. Page 2 of 2 Further, the proposed ordinance prohibits the remodeling of single-family residences for the purpose of adding additional bedrooms for short-term lodging purposes. It also prohibits the paving of pervious soil to allow additional off-street parking for lodging purposes.”

 

 

Here is where I participated in that survey earlier this year………..

My opinion piece for City survey, https://survey.zohopublic.com/zs/OtB0WS,: Being six blocks away from Entertainment District has never impacted us except for ancillary street traffic. In finding out that some of my neighbors rent out their home for stadium events means that there has been zero issues with short term rentals here on Elm Street.

As long as the owners stipulate two things 1) no house parties that violate nuisance laws (which are vague) and 2) a rule not to exceed people sleeping over per room (two at max in my opinion), then we invite no added noise from parties gone wild like I’ve read about in another part of Arlington with an absentee landlord. No person who lives in the home they temporarily rent out wants wild parties in their home anyways…hotels do not put up with loud parties or exceeding the number of sleepers.

While I appreciate having the owners live in the homes on my street, I envision the vintage homes on Elm St one day being gutted for music pubs and restaurants (like the successful Rainey St in Austin that stole the business from Sixth St).

As long as nuisance laws are NOT vague and actually enforceable, that residential can co-exist with businesses….and mixed use is already been proven a success…it too can happen in neighborhoods. I just fear that the rents may go up so much like in New Orleans that the workers have to live too far away and can’t afford regular rentals near the Entertainment District.

As far as nuisance noise goes…if we can allow fracking industrial sites in neighborhoods, then we can allow short term rentals and homes repurposed as music pubs. Just make the nuisance laws realistic and enforceable. I hear music from Grease Monkey and smell the brewery, but this does not affect the enjoyment of our properties on N. Elm St.

Busking in Arlington TX Notes Database

January 6, 2018

Note, that Downtown Management Inc is supportive of the efforts to make Arlington a music destination; they sent a representative to be a guest speaker at the March monthly Chat & Do meeting sponsored by ArlingtonNightS. Their only concern is the risk for any inappropriate/offensive musical content from buskers…while this is concern will NOT stifling our First Amendment Right to Free Speech, just relax and know that http://codes.findlaw.com/tx/penal-code/penal-sect-42-01.html

(a) A person commits an offense if he intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

.

.

.

a) A person commits an offense if he intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

——————————————————————–

FYI ….

informal busking report

kim speaking at busking

Above pic taken at the 1/28/2018 Chat & Do Busking Meeting where Councilwoman Myers Farrar and a representative from APD (who spoke and answered questions) were in attendance. In this picture, I (Kim Feil) was recounting when I supported Mark Joeckel during Local Color Art & Coffee days on Main St (2003-2006) and “how asking for forgiveness rather than permission didn’t fly” when I took down what I thought was a dead bush/tree to paint a mural…story was relevant so that we’d be prepared for busking rules before the act. Yes the bands were loud in Petsche Music Group Hall…protect yer ears ya’ll you’ll need’em later in life!

UPDATE: in a nutshell busking rules in Arlington are basically…

1. Get permission from owner

2. Don’t block walkway

3. No lewd/offensive content

4. Reasonable loudness to get above ambient noise- was told NO permit needed for amplification if it is a small amp.

5. Leave when asked

———–thats it—————-happy busking—–

Here are some pics I took of the meeting held on 1/28/2018 at Petsche Music Hall….

Q’s w/answers updated  ….

  1. Does the rule for the amplification permit apply to small amps with lithium battery playing just above ambient sound of voices and vehicles but less than 80 decibels? NO (just comply w/leaving if complaints occur if you are found to have exceeded reasonable decibel levels) You also need permission from a business owner if you are close to their property….if by the stadium or anywhere on a sidewalk…do not block a walkway.
  2. If so how much is the permit for amplified sound? N/A
  3. If the musician doesn’t see a cost benefit to buy an amplification permit how do musicians go above ambient sound without harming their vocal chords?…my Martin guitar is louder than my singing voice. N/A
  4. If street musicians will not play unplugged, (which is discriminatory to some softer voices) who can get an amendment to the ordinance on the City Council agenda to allow an exception to the permit requirement for amplified sound if the amplified sound will be less than 80 decibels? N/A
  5. If an exception will not be on the agenda, how does the City expect to be on the list of entertainment destinations if they are not friendly to street musicians? N/A
  6. If a musician is caught in violation of having amplified sound without a permit will a ticket be issued or a warning? N/A
  7. If a ticket is issued, how much is it? N/A

Update

From: Jeffery Petty <Jeffery.Petty@arlingtontx.gov>
To: “‘kimfeil@sbcglobal.net'” <kimfeil@sbcglobal.net>
Cc: Mary Supino <Mary.Supino@arlingtontx.gov>; Leo Daniels <Leo.Daniels@arlingtontx.gov>
Sent: Monday, January 8, 2018 4:09 PM
Subject: FW: Will you send a representative to Busking 1/28 1pm meeting at Petsche Old Farmers Market?

 

Hi Kim. I would be glad to have someone come by and speak about busking on the 28th.  In the meantime, it seems like you have good information on your blog about the potential law/ordinance violations.  Since I have never had to address this issue, I would just tell people to observe the following:
  • Make sure you have permission from the property owner to be on the property
  • Don’t block any public or private access on streets, sidewalks, porches, etc.
  • No amplified sound without a permit (Feil: NOTE THIS REQUIREMENT HAS CHANGED AND SMALL AMP IS ALLOWED-up to the point of any complaints that is).
  • Keep volume at a reasonable level.  Anything over 85 decibels would be considered unreasonable under state law.  Anything less could be considered unreasonable based on the situation.  Ex.  It’s only 75 decibels but it is right next to a private residence/hotel, etc and the sound is interrupting their ability to sleep, watch tv, etc.
  • If you are soliciting and/or accepting donations, do not do it from a public roadway.  Sidewalks, private property, businesses are ok.
  • Do not affix any signs to public property, fences, utility poles, etc.  Signage on businesses is up to the owner.  Hand carried signs not affixed to public property are ok as well.
I’ll do a little more research on it and get back with you if I find something else that would be helpful.  Feel free to contact me with any additional questions.
Deputy Chief Jeff Petty
North Arlington Police District
817-459-5616
From: kim feil [mailto:kimfeil@sbcglobal.net]
Sent: Saturday, January 06, 2018 11:58 AM
To: Mary Supino <Mary.Supino@arlingtontx.gov>; Tony Rutigliano <tony@downtownarlington.org>
Subject: Will you send a representative to Busking 1/28 1pm meeting at Petsche Old Farmers Market?
In the meantime any direction for busking rules besides not blocking sidewalks for the upcoming MLK parade would be appreciated, thanks.
 ———————end first update———–
——————begin second update—————–

Update here for Amazon link for buskers to buy their LED signage to direct tippers to their (for example) Paypal account…https://www.amazon.com/Rupse-Programmable-Showcase-Scrolling-Lighting/dp/B076Y5QP6S/ref=sr_1_23?ie=UTF8&qid=1515372808&sr=8-23&keywords=led+programmable+sign

end update

Notes for upcoming January 28 1pm Arlington Nights’ Chat & Do with guest speaker, Mark Joeckel. This months event will be held at the Old Farmers Market by Grease Monkey…physical address is 215 E Front Street.

Per 2010 FW Weekly, “…busking is not begging since the person giving the money is paying for a service. In a case called Berger v. Seattle, the Ninth Circuit Court of Appeals held that ‘speech that solicits funds is protected by the First Amendment’.

2013 Ft Worth forum on the subject, here…http://www.fortwortharchitecture.com/forum/index.php?showtopic=5188 

Kim Feil notes to David on FB here…

KIM: So assuming basking requires business owner’s permission to be within 18 ft of their business? https://arlingtonvoice.com/arlington/crime-emergency/2017/11/06/panhandlers-face-heightened-scrutiny-arlington
so assuming no business wants live music by their door for example on Abrams, that would put us in the street which is then illegal…hmmn just getting an idea of constraints…..maybe I could visit businesses or FB them as a poll to see who would object and maybe post the objectors or post the friendly businessers as a FB page/group?
now a closed business at night like Shipleys or the repair shop just west of Shipleys can’t give permission if they aren’t there…so there is an option(s) in worst case scenarios…
I have this really groovy lithium battery for amplification…I hear if music is amplified then a permit is needed
Good morning. I will quiz the city more this week. ThankS
KIM: I am also trying to find out too online, so will share with you what I find
Betting the panhandle code is close
Sections 1.16 and 15.02 in the Streets and Sidewalks ordinance,
C. Sound amplifying equipment as used herein shall mean any machine or device for the amplification of the human voice, music or any other sound. Sound amplifying equipment as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehic
KIM: dang..
The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) yards from the sound truck,
KIM: (so if not a sound truck..for example my litihum battery amplified sound need NOT travles more than 100 yards….I might be able to see what decible level that is)
So amplified music needs to be greater than street traffic..Busy Street Traffic 70 dB
vacuum = 80 dB
normal conversation 60 dB
Large Orchestra 98 dB
so between 70 and 80-ish
When you have to speak over music by forcing your voice in someones ear is too loud and damaging to ear drums….my ears ring constantly from previous exposures…musicians need to protect their ears too!
Really only rule is…Section 15.02 Prohibited Acts No person who is within a public roadway may solicit or sell or distribute any material to the occupant of any motor vehicle stopped on a public roadway in obedience to a traffic control signal light. It is specifically provided, however, that a person, other than a person twelve years of age or younger, may solicit or sell or distribute material to the occupant of a motor vehicle on a public roadway so long as he or she remains on the surrounding sidewalks and unpaved shoulders, and not in or on the roadway itself, including the medians and islands. (Amend Ord 14-062, 10/28/14)
Weird that this ordinance never says anything about blocking the sidewalk
I’ll keep looking
Now for noise under nuisance….they are vague….but do refer to Texas State Law: Any condition prohibited by the Texas Penal Code, Section 42.01(a)(5),
5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
Unreasonable noise to persons of ordinary sensibilities…
KIM: vague…now I do know that the gas drilling ordinance has a decibel limit
so we could stay under that for sure
KIM: ……Arlington frack rules for noise:
5. The exterior noise level generated by operations shall not exceed the predrilling ambient noise level by more than the levels shown in the following table: Operation Daytime Hours Nighttime Hours Drilling or redrilling Five (5) decibels Three (3) decibels Fracing Seven (7) decibels N/A Flowback Five (5) decibels Three (3) decibels Production Zero (0) decibels Zero (0) decibels 6. An Operator shall not drill or re-drill a well or operate any equipment in such a manner so as to create pure tones where one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of two contiguous one-third octave bands by five dB for center frequencies of 500 Hertz and above, and by eight dB for center frequencies between 160 and 400 Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz. 7. An Operator shall not drill or re-drill a well or operate any equipment in such a manner to create low-frequency outdoor noise levels that exceed the following decibel levels: 16 Hertz octave band: 65 dB 32 Hertz octave band: 65 dB 64 Hertz octave band: 65 dB 8. The exterior noise level generated by the drilling, re-drilling, fracing, reworking, or other operations of all gas wells located within six hundred (600) feet of a protected use shall be continuously monitored to ensure compliance. The monitoring shall be real time and continually accessible…
KIM: In a nutshell we should not go above the ambient noise (treet traffic and conversation) by 5-7 decibels
Which is 77 dB….good!
So my lithium battery is NOT on a sound truck and is smaller than …how many inches was the limit?
So I don’t need a permit
Did you say 16 inches the other day?
 18 by 18
 I would assume that, but I will email him again today after work.
KIM: My battery is 10 x 14 = success!
So even without business owners permission we need to be under 77 dB and 18 feet away and signage/battery less than 18×18.
I recall that protestors signs have similar width x height requirements so guitar cases need to be in a car
Finally the state law on obstructing passage way: Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly: (1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or (2) disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises: (A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or (B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard. (b) For purposes of this section, “obstruct” means to render impassable or to render passage unreasonably inconvenient or hazardous. (c) An offense under this section is a Class B misdemeanor.

KIM: After all that I realized that the battery has to be hooked up to an amp and my amp is bigger than 18 x 18…geesch
How to get over ambient noise in basking?…Twould be a sheltered spot

END FB conversation

After Christmas parade I busked in front of Truth Vinyl with their permission, however it was within Hooligans purview to object, they did not but I had issues with competing with their outside sound system….here were some other issues I posted on FB

kim feil busking truth vinyl parade christmas

“After the Christmas parade there was considerable patio traffic and so I decided at the last minute to busk at Truth Vinyl with their permission of course. It was a great learning experience to bear the weather, the panhandler, the longevity physical feat, and competing with other music. In all it was a blast with unexpected tips. I only wanted to show people we can have live patio performers while also helping promote the art show inside of Truth Vinyl. ..the biggest issue was Hooligans had their outside stereo blasting and said they could not control the volume outside without also changing their inside volume. Earlier, there was one homeless guy outside talking to himself that did not bother my stuff when I parked my car, but there was another person that was augmentative with me in his panhandling others for a cigarette, After he successfully bullied someone for a cigarette, he then started panhandling for an alcoholic beverage. He only left me alone when I called the police who gave me a choice to dispatch or not…once he saw I had them on the phone did he leave. So bring a friend along when you busk is my advice….and stay upwind of the patio smokers if smoke bothers you”.

Then I busked across from Legal Draft a couple of times for the pop-up Christmas Shoppe with 817ArtsAlliance’s permission as well…

kim feil 817artsalliance busking

https://www.facebook.com/search/top/?q=Kim%20Triolo%20Feil%20buskiong

If Arlington is billing itself as an Entertainment Destination, we need to be on this list…https://www.usatoday.com/story/travel/destinations/10greatplaces/2015/05/08/street-performers-busking/70943154/

“New Orleans

With its rich musical tradition, there’s no shortage of talented performers working French Quarter spots like Jackson Square and Royal Street. “You’ll likely hear someone blowing a trumpet out there,” Michael says. In recent years, visitors could catch musicians like Trombone Shorty, who worked the streets before he made it big. neworleansonline.com

Boulder, Colo.

This university town’s Pearl Street pedestrian mall offers strollers an entertaining mix, from 60s-era folk singers to contortionists. “It reminds me of a European-style walking street,” Michael says. “Busking thrives in those places where you don’t have car noise and there are lots of benches and places to sit.” bouldercoloradousa.com

Baltimore

During spring and summer, you’re likely to find jugglers, stilt-walkers, mimes and musicians enlivening Harborplace, the shopping, dining, entertainment and tourist center on the city’s Inner Harbor. Performers say they like the atmosphere, steady foot traffic and varied crowds. Top buskers audition for shows at the outdoor amphitheater and perform throughout the season. baltimore.org

Seattle

Back in 1974, singer-songwriter Jim Page performed for the city council and forever changed the way Seattle sounds by convincing them to change a law prohibiting street performances. Top busking spots include Pike Place Market and the Northwest Folklife Festival, held every Memorial Day weekend. “During that festival, there are half a dozen or so formal stages, and anyone else can carve out a little space, too,” Michael says. visitseattle.org

San Diego

Seaport Village, a waterfront shopping and dining destination, hosts one of the nation’s largest busking festivals every spring. But on many days visitors can find jugglers, sword-swallowers, living statues and fire breathers performing for shoppers and cruise ship passengers. “It’s a lively outdoor pedestrian mall sort of scene,” Michael says. sandiego.org

Boston

A huge student population provides the city with a steady flow of buskers (and fans). Top spots include Boston Common, Faneuil Hall and Harvard Square, where performers rotate through top spots every hour or so. “There are a lot of young, vibrant people around so it’s only natural it would be a good busking place,” Michael says. bostonusa.com

New York

Manhattan’s subway system has long provided a ready performance venue for musicians and their commuting audience. “I’ve heard some amazing acts down there. There’s something really magical about hearing the music echoing from a long way off,” Michael says. Other top spots include Central Park, Washington Square Park and Times Square, home to the famed guitar-playing Naked Cowboy. nycgo.com

San Francisco

Simply head to tourist hot spots like Fisherman’s Wharf, Pier 39 and Ghirardelli Square and you’ll find an abundance of street performers, including acrobats, poets and clowns. Michael says San Francisco has a history of supporting the arts in the broadest sense. “It’s one of the first American cities where busking was well known to the public. I’ve seen busking on city buses and in the most unexpected places,” he says. sanfrancisco.travel

Asheville, N.C.

From living statues to jug bands, this Appalachian city is a busking bright spot, with resident and traveling musicians. The city encourages busking with liberal regulations, and an informal policy that has buskers sharing top spots like the Flat Iron statue, Grove Arcade and Pack Square. Come Friday nights everyone can get in on the act with a community drum circle. A recent documentary, Buskin Blues, highlights the city’s street music scene. exploreasheville.com

Nashville

Perhaps it’s no surprise that you’ll find music in Music City, but it’s hardly limited to country crooners. Downtown’s Broadway attracts everything from honky-tonk and bluegrass to jazz and blues. You’ll find musicians, cello players, ukuleles and spoon players. Given the talent in the city, you can expect high standards. “You have to have a golden voice to stop people in their tracks,” Michael says. visitmusiccity.com”


Communications with responses will be made public HERE>>>

From: kim feil <kimfeil@sbcglobal.net>
To: “sean@arlington.org” <sean@arlington.org>; “seandecker@texasrangers.com” <seandecker@texasrangers.com>; “partners@arlington.org” <partners@arlington.org>
Cc: Victoria Myers <victoria.farrar-myers@arlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>; Jeffery Petty <jeffery.petty@arlingtontx.gov>
Sent: Friday, March 23, 2018 9:08 AM
Subject: Request for busking locations for NFL Draft weekend and beyond
My name is Kim Feil and I am an Arlington blogger and a musician.
I (or rather we) are writing to inform you that there has been a recent effort to solidify “busking” rules in Arlington (hence our meeting with the public and City officials in January, https://kimfeilgood.wordpress.com/2018/01/06/busking-rule-notes/
Now we are ready for our BUSKING kick off weekend that coincides with the NFL Draft. With a quarter of a million people mulling about in the Entertainment District and the Arlington Downtown area, we have been visiting businesses in person (with overwhelmingly positive responses thus far) and online to respectfully request in advance their permission TO ALLOW near their businesses live musical, acoustic individual street performances during the ArlingtoN NightS Busking Weekend on April 26- April 28 2018.
Can we count on you for your support and if you have any preferences for positioning locations/designations? One location that comes to mind is in front of the visitors bureau at 1905 E Randall Mill Rd. I mention this location because some musicians prefer NOT to be so close to automobile street exhaust emissions, so any other setback locations you can suggest would be appreciated, thank you.
Kim Feil, volunteer for ArlingtonNightS
817 564-2577
Use form 1040-ES for busking or any type of self employment tax forms …and here is the link for the Self Employment Quarterly credit card payment form…. https://www.ssa.gov/forms/ssa-714.pdf.
Anybody know if its OK to just use the 1040-ES at tax time and if we have to use the quarterly payments…is there an income threshold where we HAVE to make quarterly payments?