San Jose’s beleaguered entertainment community, already reeling from a multi-agency crackdown on downtown San Jose clubs, now faces a new threat in the form of a well-intentioned ordinance to bring promoters under the umbrella of the City of San Jose’s regulatory apparatus. Currently, promoters escape many of the requirements that club operators face in bringing entertainment to the public, so not everyone thinks it’s a bad idea to have these pied pipers show some accountability. However, the 15-page ordinance drafted by the city’s legal department would have them carrying city-issued photo identification cards, meeting two-year record-keeping requirements and indemnifying the city for any liabilities incurred by the city through its own actions. The licenses would be issued by San Jose’s Chief of Police, expanding further the powers of that office, which the council already granted powers to shut clubs without due process. Some club owners, promoters and musicians also think the ordinance inadvertently targets performers. Though the draft ordinance specifically excludes performers, it also defines a promoter as someone engaging in “advertising or otherwise holding out the event to members of the general public” and “inviting participants to the event.” San Jose Downtown Association’s Blage Zelalich says the definition is problematic because “the nature of the entertainment business in San Jose necessitates an entertainer or performer to promote the fact that he/she is performing at a certain venue on a certain date in order for an audience to show up.” Zelalich says that requiring performers to jump through the hoops of getting licensed, paying annual business license taxes along with the bi-annual promoter licensing fee, which could be as high as $500, and getting fingerprinted at the sheriff’s office (another $50-$75) “is sure to prevent any entertainers from performing at venues that fall under this ordinance.” And downtown’s actual promoters don’t have anything good to say about it, either. “The proposal on the table now would virtually eliminate live music in downtown San Jose,” says Bruce Labadie. There’s still plenty of time to clean up the wording, but just in case, stakeholders are holding meetings and considering the possibility of lawyering up to fight the ordinance. Downtown councilmember Sam Liccardo says he won’t endorse the initiative until the wording’s right. “I will not support an ordinance that incorporates within the definition of a regular promoter, a musician or band playing in any of our downtown venues,” says Liccardo. “I’ve made that position very clear to various folks within City Hall, and so they can either produce a draft that reflects our need to keep the tentacles of government away from imposing these restrictions on live music—or else I won’t support it.”
NOTE: The text of the ordinance can be found here.
I understand that there should be accountability on promoters, but I don’t agree with the current language of the ordinance that has such a broad definition of what a promoter is. If it passes the way it’s currently written, anyone who promotes a show would need a license, including the DJ’s, performers, musicians, street teams, etc. At the same time, it’s not holding the big public venues like the HP Pavilion accountable for their events which end up spilling over onto the streets to other events put on by us smaller promoters.
In addition, I have a problem with the indemnification section of the ordinance.
I’m willing to accept an ordinance that is better written so it does not hurt the downtown nightlife scene and it’s diversity. But currently, it’s not written well enough for me to support it.
This ordinance as it stands now is set to extuingiush what is left of the live music scene in Downtown San Jose. Growing up as a musician and avid fan of San Jose’s live music scene it would be an immense loss to Downtown San Jose’s reputation for supporting the arts if every performer felt like they had to pay San Jose, to play. I for one will continue to be a patron to downtown San Jose’s bars and clubs until the music stops.
I also understand that there should be accountability of San Jose Nightlife promoters. However, I as a San Jose nightlife “DJ” do not support the existing ordinance the way it is written.
I am willing to accept a more satisfying city ordinance that will support the talent, diversity, and culture of the San Jose Nightlife.
The idea of a promoter licensing ordinance is understandable in the sense that promoters should be licensed to do business, just like any other business in the city. Accountability is a very crucial part of running a business, as well as day to day life. On this note, I have no complaints.
However, the ordinance as drafted casts a large net over an unreasonable amount of people, which will inhibit, if not destroy, our downtown entertainment scene. When the cost of doing business is more than the work is worth, what will happen to our rich variety of entertainment culture in downtown San Jose?
Artists, musicicans, and live show promoters are usually living on the fringe of steady income while working towards their dreams, and this proposed ordinance will only deliver another deadly blow to the scene they strive to create. If this ordinance is passed, the only people able to stay in business will be the HP Pavillion (which is exempt from this ordinance) and the major label, mainstream, big-money players. This will homogenize the entertainment scene and destroy the independent music culture that San Jose has previously nutured.
Beyond the cost factor, the idea of allowing the police to govern control over our entertainment scene seems ludicrous. If the promoters must carry ID cards, and the bands would need to carry ID cards to promote their own shows, and the promoter’s handbill must show the ID number, what’s the next step? I’m reminded of food on the shelf of a supermarket, all barcoded and identified, stacked side by side and without variety. This is not how I want to live in my city.
I do support licensing of promoters, since they are running a business within the city. However, I DO NOT support the ordinance as written, because if passed, it will be the death of our rich musical culture in downtown San Jose – something I hope I will never have to see.
Face it. In reality San Jose doesn’t want entertainment. So go else where, I do it all the time.
If the aim of this ordinance is to severely cripple and reduce the amount of nightlife and entertainment events which take place in the downtown area, than this ordinance will be successful.
While I hope that isn’t the case, it seems fairly clear that it is.
I hope that this ordinance will be re-written in a fashion that is fair and reasonable to those who make their living in the business of performance&entertainment; in the city of San Jose.
I agree with the others that their should be some accountability of promoters. But, like the others I could no support a bill or law that is unfair as this. Currently I’m not aware of any major cities in the United States that is practicing this.
Nitelife is an important part of both the economics and social activities of downtown San Jose. This will punish those who obey all laws and go out with a positive attitude to other cities.
It is already really hard to get big names Dj’s, Bands, and Celebrities to come out here. With this ordinance it will turn Downtown into Ghost-town.
The fogies in this city just won’t quit until all the fun is dead, huh?
As currently written, for all the reasons listed in the previous comments and more, this ordinance would surely cripple the San Jose music scene. This would be a terrible shame and I’d like to believe it is not the ultimate goal of the ordinance. Of course I understand the need to regulate business and provide a certain amount of legal accountability, and for these reasons I can see the functionality of business licenses for established Promoters, however inconvenient such things might be. However, I firmly believe there is a better way to accomplish this goal; a way that better serves all involved.
Though not an easy task, the definition of Promoter must be clarified, for starters. The independent music scene only survives thanks to much hard (and typically volunteer) work put in by musicians, fans, promoters and friends. Requiring the licensure of anyone who assists with “advertising or otherwise holding out the event to members of the general public” seems to require that every “Come see my friend’s band play tonight” email would have to be accompanied by a business identification number. This is not only unnecessary but practically impossible.
The ordinance as it stands is also terribly counterproductive. Does the City of San Jose really want to eliminate the independent music scene? On the financial end, I can’t imagine anyone wanting to lose that much revenue and Downtown traffic. As someone who spends easily 1/3 of my monthly income on live music, I’m sure the cumulative dollar amount spent by thousands of show-goers every month on gasoline, parking, food, drinks, and more must not be small and I’m sure the City benefits from the spending of this money.
From a quality of life perspective, I’d like to believe the reputations of cities that have grown and prospered immensely from encouraging their local independent music scene have not gone unnoticed and can be considered. If handled correctly, this situation could help San Jose go the way of Austin, Texas or Seattle, Washington rather than help turn it into an artless, industrial and commercial sprawl.
In the name of business, quality of life for it’s residents and visitors, and the good of the arts in general, I desperately hope this ordinance is far from complete and will not be allowed to pass as it currently reads. I for one would surely seek to move elsewhere if live, independent music were no longer a part of my community.
I definitely feel insulted by such a ordinance. As a citizen of the beautiful city of San Jose I think that our city is not looking out for our best interest by annhilating anything that has to deal with culture. We are becoming a cold pice of concrete were the law look outs for the currupted and the greedy. This is the last blowed aimed towards San Jose Culture. We have been slowly kill any type of live music or any performance arts for the community in the last decade. I DO NOT SUPPORT this ordinance, and I do not support the extermination of our San Jose culture. Is a cultural member of my community I oppose to this ordinance.
San Jose Clubs and Promoters are a major part of the financial prosperity of downtown. Some of us have been working and operating our businesses for many years in the city of San Jose. I understand the city’s concern with making San Jose a safer place. BUT its sound like more of an irradication than anything else. The ordinance sounds like it was written for Police by Police. If anyone disagrees with that statement please refer to the indemnification section of the ordinance. San Jose’s nightlife scene in my opinion is already bland. There needs to be a thriving diversity in culture and music in this city. Whether or not the city council agrees on that statement we are the 11th biggest city in America and our nightlife scene is still considered a secondary market. There are many young succeessful people in this Valley and anyone who has an interest in purchasing the new high rise properties would probably find this city less appealing if the nightlife was diminished!!!! After all you don’t move downtown to live a “suburban” lifestyle. I could be wrong on this statement but I doubt that the majority of the individuals making and passing these ordinances even goes out to San Jose on the weekends. Making their decisions in my opinion even more distorted. You have to be one with the people to understand the people. Working in a cubical going home to your suburban home and back to work the next day doesn’t really make you very in touch with whats going on in the community it makes you ignorant!!!! I believe this ordinance needs to be re-written and very much evaluated by police/city council/nightlife committee before going into effect. We must come to a middle ground on this issue! Thanks………J
This ordinance definitely needs to be looked at and re- thought. The Scene in San Jose is already pretty dismal, and this surely will cause extinction of the diverse music scene in San Jose. Most of the bands that play at these clubs and venues don’t have nearly enough money to pay to get licensed. From what I understand, this will stop supporters and fans of the bands that play from advertising online? That is where MOST of the bands have to advertise, because of the lack of funds to do in any other way. The crowds that come out to the shows usually heard about it from myspace or they picked up a flier. This really needs a second look, there are too many problems with it, and its a shame that the music scene will be changing, hopefully not for the worse. I would have to find somewhere else to rock out, and that is sad.
From a member of an up and coming local band, this ordinance will have severe consequences for all people in the local music scene. First of all, this ordinance will require promoters and local bands to obtain a license that will cost money that most individuals can not afford. In addition, many of the independent touring bands from other parts of the country will not be able to do shows in San Jose, which will reduce the amount revenue that venues need in order to stay in business.
From a fan of the local music scene’s perspective (and studying sociologist), having local live music is an essential part to getting out in public and meeting new and exciting people. Many of the individuals that I talk to and met at shows have stated that supporters of the local music scene have created their own subculture in which they all feel together. Essentially local live music gives them a sense of belonging, which can help them break away from deviant behaviors.
As a member of a San Jose-based band, I am deeply frightened by this ordinance. This city of San Jose is proving once Marx’s theory of perpetuation of social classes – the powers that be do anything in their power to keep the lower class low. And that’s what I am seeing. What this ordinance is suggesting is that my band has enough money to pay to play. Every cent I earn goes into the San Jose State University so I can educate my way into the work force. I am starving as it is, and the extra money I make from performing is very welcomed: it allows me to EAT. So, if the city wants to be responsible for MY starvation, than so be it. Your responsibility is to your community, not yourselves. Stop worshipping the almighty dollar and think of the joy that live music brings to the community. I have performed in front of thousands of fans and they take every opportunity they have to come see us again. When we can’t afford to play anymore, we will disappoint our fans, and the city will disappoint the people. Revolt is a firm necessity, according to Thomas Jefferson. He birthed this nation, and he would be rolling over in his grave, scratching his head saying, “the government has become too tyrannical.” And so it has.
I rather not have this Ordinance pass, but if it is going to passed, then I do support licensing of promoters, since they are running a business within the city. However, I DO NOT support the ordinance as written, because if passed, it will be the death of our entertainment culture in downtown San Jose –
Help support..
well this pretty much puts the last nail in the coffin for any real DIY music movement in san jose, punk shows were hard to come by here and now we can get charged like 500 bux?? bravo San Jose Government YOU SUCK!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Good saying: San Jose: “the City that refuses to let itself grow”. Very true and apt. Since when has the police not be running downtown? I pity the business owners. Like I said I will go else where and will continue to do so. Downtown San Jose is lost and this certainly won’t help. Remember when SJPD decided to ticket all the Canadian tourists for jaywalking a few decades back? Nothing’s changed there.
The sky is not falling on downtown entertainment as a few would have you believe – only proposals to reduce downtown problems and wasted taxes while rest of San Jose who pays taxes suffers from low services
Downtown has serious problems for years and we need to stop wasting tax millions on downtown
a) unregulated promoters and problem clubs attracting problem downtown customers who increase public safety costs and crime, causing property damage and making downtown unattractive for many people who then go to Santana Row or other cities
b) Downtown produces $2 1/2 million sales taxes after tax billions spent equal to Santana Row’s $2 1/2 million sales taxes where $0 taxes was spent No good return for out taxes
c) excessive yearly downtown city spending for public safety, public events, subsidies for mismanaged and underutilized arts, theaters, entertainment, and sports events ( Grand Prix etc) that do not return taxes spent while city year after year cuts services to rest of San Jose
d) many city owner downtown property is way under market rate rents and more millions are given to downtown property owners and operators of city property with no accountability for taxes spent or club promoter behavior
Millions taxes wasted on downtown while rest of San Jose who pays taxes suffers
Solve downtown problems and it will draw customers and generate millions more in taxes not waste taxes
Once again the San Jose city council makes steps to discourage the growth of our city. Some how I think this is being orchestrated by the developers of these new high rise condos to extinguish any downtown/local entertainment and make room for more high rise living and corporate entertainment.
My goodness this city is so dry as far as entertainment. We have no sources of local entertainment, how many times can you go to the Improv and The Prep theater?, Sharks games aren’t year round, and if it weren’t for Music in the Park there would be little to no live music downtown.
San Jose is supposed to be a major metropolitan city, the nations 10th biggest city, yet we continue to take steps backwards to being a little town, a little town with high rise’s popping up every where.
Our city officials don’t want a major sports team besides the sharks, they don’t want to move forward in connecting the capital of the Silicon Valley to the rest of the Bay Area via BART, and now trying to discourage small businesses from wanting to bring life and entertainment to downtown San Jose.
Dionne Warwick’s song “Do you know the way to San Jose” is just as relevant today as it was back in 1968. San Jose remains in San Francisco’s shadow. As former San Francisco mayor and state assembly speaker Willie Brown said “San Jose is a sleeping giant”.
When will we vote in council members and a mayor who have the courage to grow our city and not just line there pockets with back door deals from NorCal waste or as recent as developers such as KT Properties.
MORE CONDOS, MORE TRAFFIC, LESS JOBS, & NO ENTERTAINMENT the direction this city council and mayor are pushing for. Although or city council members and mayor are for sale are city should not be. We need to keep these big corporations from deciding whats best for our city. This city needs reform in local government in a big way.
Hmmm, obviously someone doesn’t go downtown looking for live music. Downtown is pretty much awful entertainment-wise. The police don’t want it or its associated problems which can include large assemblies of people that they may have to manage. Obviously they win, we lose. End of story.
I dont even live in SJ…but I tend to come out from time to time to gig and if this is the case to come then im good.
SJ was just begining to build a really dope scene out there too…Come on now…dont fuck it up with some power hungry BS just because your band back in HS couldnt get booked.
As an artist and a promoter I’m shocked that this ordinance is proposed as it is currently written.
It will cripple the ability for independent entrepreneurial musicians and promoters to stay in business.
It will ruin niche entertainment and new culture being presented in our city.
It will drive the youth/young adult demographic who will find themselves with no outlets for enjoyment further into alternative means of entertaining/occupying themselves, not all of which are typically productive or beneficial to the city.
It’s also another small step taken by the government against our civil liberties and constitutional rights.
I love this city. We’re just arguing a lot right now.
Interesting points. Well as someone who has worked on both the performing side for over 10 years, and more recently as an organizer of events, I find this ordinance to be a direct attack at not only promoters in general, but also, artists, youth, and our culture. With so many city hoops to jump through how do we expect people to want to start bands, organize positive events, and build their names up in San Jose. This ordinance sort of kills that for a good number of us.
Beyond that, If one of the main issues here is safety and accountability (which I highly doubt) then really what is going to end up happening is this.
Promoter A throws a party, a fight breaks out. The Police or City takes Promoter A’s licsence and shuts him or her down. Then the problematic person that started the fight goes to Promoter B’s party and starts another fight. Promoter B then gets shut down. That type of thing could get a bunch of us shut down.
Attacking the promoter and making him/her accountable doesn’t solve that problem. When I go out, I don’t expect anyone else to be accountable for my actions but myself. So why make a promoter the whipping boy for situations like this?
It’s hard to tell what the true motivation behind this ordinance is. Is it money wasted on police force attendance at all of these events? Which, by the way is a little out of control. We don’t need a team of 30 cops outside of the clubs at night. It ends up scaring people.
Is it the new high rise buildings and condos being built? As someone said earlier, people will buy homes there to be closer to the surviving downtown culture.
So what is it? Even after reading through the whole ordinance, it isn’t clear. What is clear is that it’s going to shut a bunch of people down that are trying to salvage what is left of San Jose’s dwindling nightlife.
Thanks.
This reminds me of the movie “FOOT LOOSE” , San Jose leaders do this and REVENUE will go to the other side of the tracks for entertainment.
Who thinks of this stuff anyway?
Also, $500 could be steep for some of the smaller venue promoters, eliminating some venues to compete!
I DO NOT SUPPORT THIS ORDINANCE!!
….well, we still have Sunnyvale & the Peninsula for entertainment. see you on the other aide of the tracks!
I think this is good for the city which is trying to weed out the low life and animals that go downtown. I know from working downtown as a bouncer a lot of people say we profile certain people… well we do… especially people that tend to be in the so called hyphy scene those kind of people tome are nothing but idiots and just cause unwanted problems the other are the cholos another group who in my opion are just the same if no worse….so bottom line there just trying to get ridof the trash you don’t like it get real job!!!!
It’s a shame that a vibrant city like San Jose has to resort to having the PD write policy. SJPD should focus on what they do best and that is to be police officers, not authors to policy.
In addition, they should…Let me correct myself; the Police Officers that are in the Entertainment Zone should learn to have a bit more social skills towards the people that patronize the Downtown. This is not just towards the people that go to the Bars and Nightclubs, but to the wonderful Restaurants in the Downtown. Instead it has become there training grounds for urban warfare. Come on! Who wants to frequent a place after they have been treated with disrespect by law enforcement? This whole thing about “The Promoter Ordinance” is a distraction to what the real problem is. “The Urgency Ordinance” was distraction to the real problem. They passed it and yet, there has been similar incidents such as the one at the AMBASSADOR, and those operators have seemed to slip and slide out of the radar. Lets stop wasting time and tax payers money on non sense, keep that ordinance simple and straight to the point or get rid of it. At the end of the day the bar and nightclub operators are the ones held responsible for the actions in there venues. THE BUCK STOPS THERE!
I think it is good in some ways, bad in others.
Gets rid of all the shitty promoters, messing up the club scene(SF Especially)while they make a quick buck.
Fights, Shootings, Dress Codes, Immature People, and Unorganized Parties cann kill a clubs reputation.
On the other hand there are probably plenty of good promoters out there who either don’t want to pay for a license, or could be held liable in the event a club doesnt have THEIR basis covered(Security, liquor) etc….
The wording of the ordinance seems too vague. At this rate, anyone who supports a party or performer in Downtown San Jose by posting MySpace blasts to meet up at a venue would be in violation of it. I am not a promoter, but as a bartender who enjoys serving a large crowd, I’ve been known to repost a few bulletins in my day, and I hardly consider that to be a threat to anyones safety. Hopefully they put a little more thought into this…
Alright well, this has probably got to be the most sickening issue I have ever seen within the downtown San Jose nightlife aspect.
Not only have I read the ordinance, and being that it was 15 or so pages long, and very complex to understand, I pretty much got the main picture of the whole ordeal. It seems there was really only one main intention of this ordinance since its proposal within the city probably a year or 2 ago or so, and now it looks like its been evolutionized probably from the san jose police dept and many other influential people within the city of san jose for the very worse. Not only do none of these people have any knowledge of a true promoter or event producer, but trying to set laws and guidelines pertaining to something they have no knowledge of is pretty disgusting if you ask me. That’s like, me getting hired by Ebay.com to be a new Marketing Director, and I don’t have any kind of degree in it, but yet I start changing the entire department around and for the worse, duhh, obviously not smart…. period. This is the city of San Jose folks, meaning a very large populated cities’ communities’ board. Not only have they proposed something of no knowledge of, half of the ordinance is not only UNLAWFUL, UNCONSTITUTIONAL, and many other mishaps, but why would our own city propose these kind of issues as far as indemnifying promoters, Police departments controlling their business’, or whoever is “considered” a promoter under the new proposed new ordinance.
I like to think of myself as probably one of the most fairest people regarding any kind of dispute of any kind, whether pertaining to city issued or not. But when I notice one side of the fence going a little too far, well that needs to stop, especially within our city. We are a community, not a community with a Bully on our backs and it sure as heck is starting to seem that way. How can we even compare ourselves as the 10th largest city in the United States compared to Detroit, San Diego, Houston, San Antonio, Dallas, etc etc. Our nightlife is probably the worst out of the top 20 cities in the nation and more than that. San Francisco yes has been established much further down the road then San Jose, but our population has surpassed them years ago, and our nightlife is still probably A THIRD of theirs. What the heck is really going on downtown? I can go on AND on about this issue, but it really is disgusting. :
About the Ordinance:
Well I have been around the nightlife scene of San Jose for about a good 9 years or so and have seen it in the earlier days compared to now. Yes it has grown for the better since then, its what nightlife needed, the people (people who go out, like to mingle, get out of the house, go out to eat, more opportunities to take a date out to eat, mingle, etc.) didn’t have all the options they had in the past, and some way greater or I should say better options that downtown offered 10 plus years ago. Well with that promoters come along. But it is a growing process, and if San Jose plans to grow more into the nightlife it has to accept that, promoters, clubs, lounges, restaurants will spring up more.
I do also understand probably the main objective behind everything, which are probably these 2 things. One being San Jose police department now trying to be in control more of promoters since they have noticed more events or club parties in the past years, yes there has been some problems occur etc, but you have to expect that, AND UNDERSTAND IT, we are a city almost going to hit a MILLION people, you cant try to hold the nightlife how it was when we had 800,000 people, we are about to have a million people soon, which is 200,000 more people since 1995.
It also has been seeming some clubs have been trying to blame promoters for some of the mishaps that happen at a club, such as a fight or so forth. Well you mix ANY venue or home with alcohol, girls/guys, dancing etc, you will always encounter a problem someway somehow im sure, its common sense, if anyone has common sense you will know this. Shoot for all I know someone can have a wedding reception and all it takes is one drunken person to be a nuisance, wherever there is alcohol, expect that. Don’t only take alcohol into consideration, also take into consideration, how many of these clubs have experience, more than 75% of the clubs owned downtown are first time club owners, no offense, but look at all angles here. Meaning do these club owners know the correct way how to hire a respectable responsible security guard, staff, etc? Do these clubs do background checks on all security guards etc, security guards are a big issue inside clubs because they are the first defense inside of a club, if they are on their A-game, any experienced security guard can stop an altercation before happening, trust me. Just like an experienced Police officer can smell trouble when they sense it. But you catch my drift here. As well as promoters doing business with club owners, ANYONE, who runs a business should always know who they are contracting for their company, doing background checks etc, so if a club owner were to put blame on a promoter for a problem, then they would be in the wrong. Business starts from the top, and a promoter gets contracted out from the club owner, so if the owner has a problem with a contractor, well its that business’ owners decision whether to fire them or take action. Established business’ like UPS, yahoo, internet companies or what have you, don’t put blame on their contractors if they found a contractor at fault for not satisfying a great customer. They take correct action themselves and take full responsibility. Ask Donald Trump, he’ll tell you…
Downtown San Jose was a Mecca of live music back in the 1990’s.
The Cactus Club, the Usual, Tropicana Club, would give
no name bands (back then) like No Doubt, Green Day, Hieroglyphics, The Black Eyed Peas, and so on, a chance to perform there passion.
All these places are GONE.
There are a few clubs out there that offer live music.
A few.
There are a few music loving organizers “Promoters”
that bring live shows to you.
The San Jose live music scene is finally transcending.
The Art/Culture/Music of San Jose is being recognized by the world.
This ordinance as it is, deliberates the little
night life/live music scene we have.
San Jose, 11th largest city in the United States, 2nd Largest
in California.
A vast resource of raw talent.
Let us have our outlets, let us shine, and
watch us make history.
Peace…
A. Vincent Moyco
http://www.buildratherthandestroy.org
Back to the point though, im sure there might be some promoters who are not experienced enough perhaps or have a more problematic crowd that attends their events, and might have a more probable percentage of an altercation happening, yes that is possible, well cool, try to come to a minor solution and work your way up, not the opposite. Will not work, did we build tall skyscrapers first then start building smaller ones, NO, where’s the damn common sense??
Anyhow what I do believe might have to happen which might be a good idea since some of the promoters that do business downtown on a PROFESSIONAL level, not as a hobby or side-job is possibly registering promoters such as a card dealer at a poker club, or club/restaurant owner downtown sanjose, etc etc. I think that is a good start. Then if it ever comes time for that promoter(s) or what have you AND club owner of the venue to discuss an altercation with the city of san jose and police department, that might have happened a night previously, then you can do it in a professional matter since now the city and police department have the contact info and knowledge of who the promoter was. Also what I think would be good, say maybe an altercation does happen (because I think we all know this whole ordinance boils down to preventing problematic promoters of doing business within downtown or just san jose period), is that there should be a panel to make things overheard just like a court hearing, between a club owner and promoter along with a representative of san jose and a rep from the police dept, to really dig deep, and PINPOINT what went wrong, and document it for future reference, it takes time to refine something that is just horribly going wrong.
Why do I say this, well here’s why…
ONE, probably about 90% of altercations that happen at venues (at least the predominantly inclined upscale venues) are usually never because of the promoter or even the club. I would have to say being in the nightlife scene seeing every crowd, every club, almost every club goer throughout the city of san jose, that probably 90% of the time an altercation happens is because of an ex-girlfriend, ex-boyfriend kind of deal mixed with alcohol, that would probably have to be the number one reason, then you have the typical immature kind of person with a bad temper, or steroid freak having a bad day, etc etc. you catch my drift. Although, I would have to agree there is probably a small %2 of problematic promoters possibly okay, no ones perfect I don’t like singling people out, but it is the truth, god be with me, I am all about honesty. And out of those 2% and of course all promoters, altercations etc, I think the san jose police department (since they are the forefront of responding to these altercations) should really dig deep deep deep, since they have the worst conception of how promoters do business etc, because now shit is going to hit the fan, JUST BECAUSE, no one did their damn homework and NOW, the entire community could suffer within the nightlife realm, because its already so vague as it is. Its so freaking sad to hear when people are ashamed of going downtown san jose, people that LIVE IN SAN JOSE. They would rather go to Campbell, Santana row, los gatos, san Francisco, all because no one does homework in this city to really try to improve nightlife, who has the knowledge etc to really get deep into it? Who…, whoever it was certainly hasn’t done a great job. About half of the buildings downtown San Jose are for lease, empty, why? We have blocks of downtown, but yet we have probably the same number of restaurants as Santana row (1 block),,, why?, we are the 10th largest city in san jose but yet our nightlife is comparable Sacramento (a city of 450,000 people, about half of san jose), the 37th largest city in the United States….WHY? Are you serious, do your homework and get back to me please. Because knowing these facts is pretty horrible, and I guess this is a pretty good way to give some knowledge to people who really care, but who knows what the future lies for san jose, what our city council wants, city mayor wants, san jose police department wants, I bet you anything if there were a petition going around san jose which can be very possible, maybe even more detail petitions other than that, but a petition that would ask, would the COMMUNITY of san jose like a more welcoming and exciting downtown nightlife, well im pretty good at these guessing games because I have GREAT common sense, im sure people who are not into nightlife etc would mention, not sure, or don’t care, it would probably amount to E of our petitioners or voters, but im almost positive the remainder of people who do care and want to be voiced and heard within the city, im pretty sure the majority of people would LOVE a more welcoming and offering, exciting, vibrant, DOWNTOWN NIGHTLIFE.
Anyhow, this is getting way to long here, and I can go into much detail about almost anything and everything inside and out of clubs, even promoters too, since I have been on both sides of the book.
*The really negative parts of the ordinance that really come unlawful, unconstitutional, and just outright wrong, is asking a business owner such as a Business owner who owns a Promotional/Marketing business to Indemnify themselves to the City? WHAT? Haha, you have got to be kidding me, take that to court, definitely lose that battle, it shouldn’t matter WHAT kind of business is practiced anywhere in san jose, a business is a business, you don’t go ask Yahoo or Apple to Indemnify themselves to the city of san jose, heck no, they would look at you like your kidding right? Our lawyers will get back to you about that one.., seriously.
part 3 (continued)
*Giving the power to the city police department also to revoke etc a business license as well, well the Police department is on our god giving earth to enforce law and yes other duties as well, but not to regulate business within a city, we have better business bureau’s etc to handle that, but within a city, a PANEL, should be made to handle those issues, not the police department, once again, something of course the police would want, but probably wont happen well just because it comes as unlawful/unconstitutional in a sense.
And there’s more I can get into, but if you have gone this far reading this, then im sure you are tired as I am.
Anyhow Solutions! A hah! Be a Problem Solver.. not a bully to your city:
Rethink the entire process, meet with the main influential promoters who take this professionally downtown sanjose, who have experience and can be honest and sincere regarding this issue. A serious businessperson will talk serious business regarding their business, remember that. Don’t try to talk to others representing them. Who wants OTHER people representing them who have nothing to do with their business? NOT ME!
Maybe try a small step first than a large one, it will stir up much significance within the community especially since im sure promoters, are well..promoters/marketers, who can in a heartbeats time, attract not hundreds, but thousands of people, especially when you tick off all promoters, just imagine every single club packed on a Saturday night, in one area such as city hall and times that by 5 (ehh maybe a good 5000 people plus?), since every promoter im sure would work together of trying to get this issue resolved, it would draw massive attention for the negative, pointing out all the negative aspects being proposed on the current ordinance. And lets not forget almost all bands in san jose do get booked by promoters for many events, and would back promoters in a heart beat for something like that, it is what promoters do for a living, MARKET, a promoter is : “One that promotes, especially an active supporter or advocate”, they market to people. Sending out massive emails of over 10,000 plus im sure, and your talking 40 plus promoters doing business in san jose, or what have you, to help support themselves from trying to be bullied by whomever is behind the ordinance.
Anyhow a small step to me would be, create a panel and/or committee., possibly register promoters at least so the city knows who these people are doing business within the city. Now monitor them, don’t look at the past, NOW, look in towards the future and go from there. All the extra garbage trying to be passed, kiss that goodbye, half of it is outlandish in my perspective, and degrading.
Thank you, and I hope something comes out of this in a respectable, and friendly mutual matter. Everyone can compromise or come to a decent understanding, and it does not look like the city is trying to be fair at all here all in all, reshape, rethink, regroup, and get to the very very very Bottom of this, and do the best you can to fix this issue, because obviously neither side is happy at the moment, and business should not be that way within a city, please respect others.
…oh also the fees im sure you can lower a bit too, we are not a triple digit making business, charge that amount to business owners who do.
consider it a privilege for us to try and bring a more exciting vibrant nightlife to downtown san jose, because its the promoters who are trying to do exactly THAT, if it wasn’t for the promoters exciting minds of bringing great entertainment to downtown, this city of downtown would be dead, no life, san francisco will always have the most attention in the bay area them being the 2nd biggest city in northern california next to san jose, all because of probably some 50+ year old influential people who we do respect but not in the matter of trying to act like they know what they are doing with nightlife when they really don’t. Let the promoters come in to play here, its what they do, talk to the promoters, i mean one on one somewhat. San Francisco will always have the big acts, the nationwide artists, djs, celebrities etc etc, all because a higher authority in the city of san jose wants to limit and control what the hell nightlife in san jose is all about….
the condos going up knew what kind of nightlife we already have in store, they should know what they are building around, not some kind of…, if we build here, we want these nightclubs closed making under the table negotiations with high level influential people. To make a more exciting, vibrant downtown comparable to a Santana Row, you will obviously need Both, because what is above all the restaurants and bars, lounges, clubs in Santana Row, ??? anyone?? Haha, Homes!, Condos, a Hotel. Yes people it is true.
San Francisco has condos and homes all over their downtown next to bars, clubs, entertainment etc, and they love it…geez, i think i should be the next nightlife consultant for the city of san jose seriously.
im out of here…enough..
get the picture, paint it, and lets make it look good…
As someone who goes to live music shows regularly, I find this ordinance to hinder the growth of the entertainment scene in San Jose. We are already limited in what we can do here and the passing of this ordinance would make it worse because it could limit the amount of good people that bring us the existing entertainment. I want to see the nightlife grow and become even more diverse with people wanting to go out because we have a vibrant music scene here. This ordinance will hinder any growth and make it hard for promoters, bands, performers, and other entertainers to do their job and get people to shows. Plus it will force them to go to other cities. That’s the last thing we need. The City of San Jose should encourage the growth of the entertainment scene and keep it diverse.
Like the majority of those who have posted here, I disagree with the current wording of this ordinance. It seems like Chuck Reed and his buddies are killing the downtown scene (what’s left of it) one step at a time. First the parking fees, now this.
As a fan and supporter of the local music scene, I want it to be known that very few of the local promoters do it for the money. I know at least one (Barb) who doesn’t make any money from promotions, but uses the money made at shows to pay the bands, the sound guy/gal, etc. Promotion is usually a hobby they are passionate about, and without promoters local bands would be left to promote themselves (which many of them do already) and book their own shows. Promoters are essential to the already-challenged San Jose scene and charging them $500 per year and making them carry around ID cards seems ridiculous.
Accountability is rarely a bad thing, and I doubt any of the promoters would mind a little extra work to appease the city, but there’s a line. And when that line is crossed and it’s just not worth it to the promoters to keep on with their hobbies, you can say goodbye to the music scene.
So why would the Mayor’s office care about the music scene going away? Guess who buys beer and drinks when they go to see their favorite bands play? Guess who supports the restaurants before the shows? Guess who pays the parking fees? Music fans and club-goers. Nowadays old people are too afraid to come downtown because apparently there are problems in the parking garages (I’ve never seen any, and I have never felt unsafe walking to my car by myself) and you’re guaranteed to get shot or stabbed if you go to a club (again, I’ve never had any problems). I know the City Council would love for downtown to be filled with expensive restaurants and old people with expendable income, but they need to realize the reality is that it’s young people who inhabit downtown on the weekends and it’s young people who keep those establishments running. Killing the local music scene is going to kill places like The Caravan, The Blank Club and The Voodoo Lounge – some of the only fun places left in this city.
I do NOT support this ordinance as it is currently written.
San Jose Government, you are attacking the wrong people. Promoters, Dj’s, Musicians are the ones making some what of a living off of what they very well.
My parents who are 50years old and come to San Jose just to see certain bands that play at these clubs/bars. You are taking away there fun! I am not a partier as much as other people but with out the Dj’s or the bands how are we going to have the fun we some times need in our day to day hectic life?
My brother and friends are also promoters just doing what they do best. Giving them a fine will hurt their income. Some small promoters barley make that. You are only scaring away up coming talent. All they are going to do is take their business else were.
In the long run people will stop taking their business to the clubs or bars, then you will have like four bars standing. The clubs wont survive. Every one follows the crowd. If theres no crowd theres no money. Down town life will be over and owners will be hurting big time.
You want them to pay you more money because of you tax issues. We don’t ask for the whole San Jose City of police to be down town. I under stand you want to keep it under control but even if there where no clubs or bars you cant keep society under control.
I am a good citizen and always respect the laws. You should be fining those people who don’t a lot more. Don’t make it harder for people to do what they love to do: Djing, promoting, or making people have a good time. Punish those who make it not safe for us to walk to our cars after the clubs.
I DO NOT SUPPORT ANY THING WRITTEN ON THIS ORDINANCE.
Right now without any new ordinance, there is a large problem with how culture is handled in downtown San Jose.
For over a decade now, the local live music scene has been a dying breed. Over the past couple years, it appears that there are some influential people breathing life into the scene, but it seems new obstacles keep coming up.
In the early 90’s we had national bands such as Primus, Faith No More and other big acts play at venues such as the Cactus Club. These filled the venues and I’m quite sure provided quite a bit of sales tax revenue from sales of beer, merch and other such things.
Though the scene is now dominated by DJ’s and night club atmosphere, things are starting to pick up again.
If this ordinance were passed the way it is currently written, that would put a HUGE damper on any hopes for a thriving live local music scene.
Last week, I was at the P.A.C. Session 5 year anniversary. One person made the comment, “Man, even the people that avoid downtown like the plague are here tonight.” It was at Voodoo Lounge on second street and that show filled the place to capacity. The point is, a large percentage of people avoid downtown at night, both during the week and on weekends. Whether the reason be they don’t want to deal with hip hop infused dance clubs or the fact that it’s becoming more and more of a hostile police state environment. If we created an environment more supportive of bands and their promoters, that would in effect bring out more and more people and in turn would bring more and more revenue.
I could go on and on, but to make a much longer story short, it would be a grave mistake on the part of San Jose City Counsel to pass the ordinance with the way it is currently written.
Even if this passes the clubs will still be going on and trying to put up high rise condos in downtown San Jose is not going to make the city any better. Dont you know that the market for Real Estate is down and all these investors in these high rises are not going to make the money they thought, these things cannot sell the market is slow. And if people move into these things they need Entertainment!
This ordinance makes no sense at all and quit having somebody from the SJPD write it and have an attorney write it! Lets face it the Mayor and his city people dont want any more Nightlife and no you are not going to make downtown SJ into a Santana Row!
This is a step backwards for San Jose night life. For over a decade I’ve been involved in the SJ night scene as a dj and promoter and have never heard of something so lame. If anything this should apply to the club owners who are making the profits. I do not support this if djs & musicians are going to be effected. If San Jose wants to be a big city then the night life must thrive!
I’m happy to see so many responses, particularly testimonials. It shows how many people this is really affecting. Such an ordinance is so pathetically suburban. It’s a draconian way of sweeping the problem under the rug, a la Antioch’s curfew. Some dumb jerks like to have fun and so we outlaw fun, as if that is a reasonable solution. God damn, current administration makes it really hard to be proud of this city sometimes. I have faith, though, that common sense will prevail and a sensible compromise can be found.
All promoters should be licenced. Any drug activity with the promoter or his staff should cause the promoter to lose their licence. No need to licence anyone in the band.
Richard Zappelli, what about a promoter that promotes a live show and has nothing to do with the drug use or activity. It is up to the venue to stop the drug activity. That’s why they hire security. I myself am a bouncer in downtown. When I see drug activity, I STOP IT. It has nothing to do with the promoter. It is also up to the venue to decide which promoters to go with. If they hire a promoter that keeps bringing a bad crowd that is heavy in drug activity, it is UP TO THE VENUE to stop booking with said promoter and to find someone else more suitable to their needs and standards. If some jerk-off sells some pot or coke or something inside the venue and gets caught by the police, how is that in any way the promoters fault? Should a promoter hold everyone’s hand and say, “Don’t do that guys. I’ll lose my license!” NO! For the most part it’s not his/her fault that said knucklehead decided to sell/do drugs. Sure, they brought the crowd, but people make decisions for themselves. A few months back. I myself have caught someone doing drugs in the bathroom at my club. I immediately and not very nicely kicked him the hell out.
This seems to be a cheap/desperate attempt at creating more revenue for San Jose, the unfortunate part of this is it is way too ridiculous, what is the point of the permits? San Jose doesn’t have promoter issues, they have police issues and too many Guido, silicon titty filled dance clubs watering down the cities artistic side. I hope a fair resolution can be met. I know this city puts money first not people and that hurts. For people like me who are born and raise here it is just another sad aspect of San Jose that we are forced to deal with. It comes with the comfort of living in a rich, convenient, safe city. Let’s hope balance is achieved.
I see what frustration this kind of control can cause the city and it’s businesses. But we must remember this was not created over night, I remember brawls breaking out after carshows at the county fairgrounds. I’ve seen the amount of gangsters / wannabe’s in the SJ area multiply rediculously. They dress horribly and make it look real bad. True they have money, but is that all there is to these business owners. Make-a-buck!!! should be there motto if that’s what it’s all about. Quality before Quanity!!! I’m a Nightclub Manager and I pre-screen all my promoters prior to allowing them to promote. SJ’s nitelife is being ruined because of bad business. The Hyphy movement has made it worse. Who goes to a Nightclub wearing a ball cap, Gold Grillz, Too fucking much Jewelry, and clothes that are at least 4 sizes too big. Dress code should be enforced not only in clubs but at all bars, pubs, & restaurants after dark. I feel uncomfortable going out to clubs, this is why I’ve been working in them for the last 10 years. It’s my way of controling my little peice of the world.
If the promoters ordinance passes then San Jose live music will be finished. I DO believe that promoters need to be ACCOUNTABLE for their shows. But to impose the ordinance on each artist is a bit excessive and extreme.
We could bitch and moan about how this is unfair, but how are we going to bring about change?
We bring change through unification. If we stand as one there will be no stopping us. We must voice our suggestions and opinions intelligently to effectively get our point across. We have to start contacting our council members and let them know what’s up. There is a petition going around to show the council that we mean business and that the citizens of this city are concerned about this matter. These are some of the things that we can do to bring about change.
I do believe that the city officials of San Jose have not gathered all of the facts about this situation. I also believe that they would be willing to work with us to negotiate a more thought out ordinance. We could let them know that the definitions in the ordinance are skewed. They are too broad. We have to define what a promoter is and what an artist is. I believe this to be the MAIN issue about this ordinance. There are many more concerns but definining who is who, is what NEEDS to be changed.
If this ordinance passes the economic impact would be huge. These businesses that depended on these promters to bring in business, would decrease dramatically.
Print shops would take a big hit because not a lot of people would be making flyers anymore. Local Magazines who post ad’s for local arists would decrease as well. The supply for live music is scarce already as it is. With the passing of this ordinance, it would be very difficult to be able to book a band/artist on a weekly to bi weekly basis like we do @ The Underground Sound. Production companies such as Pinup Productions and The Cave Productions would be literally out of business. Due to the fact they depend on the 18 and under demographic to survive. Which brings my next point.
The social impacts that would arise from the passing of this ordinance, would be staggering. The young bands of San Jose would be completely wiped out. What kid is going to able to buy a license for $500? A kid who is an inspiring promoter would have to do circus acts plus an act of god or something to obtain one of these license’s. All jokes aside, young people who are aspiring musicians and promoters would be discouraged to try and express themselves in a healthy way. It would prevent them from doing something positive.
We would also become the city to SKIP for touring acts. This would make the live music culture look weak. Who is going to buy a license just to play in San Jose? When they could travel to a couple of neighboring cities and play for free.
The culture’s and subculture’s of San Jose would be deeply affected. This ordinance would limit our ability to celebrate the diversity and variety that this city has to offer. We have a vibrant club scene with some of the best parties poppin off in San Jose. The hip hop community is one of the coolest and open minded group’s that I have ever experienced. The rock scene is getting bigger and bigger everyday. The art community is getting huge because of several venues opening up to display this beautiful art.
I could go on and on about the wonderful things that San Jose has to offer, but the point I am trying to make is that this ordinance will put a price on our rights to celebrate culture. This ordinance will put a tax on your right to exercise your freedom of expression and your right to exercise freedom of assembly.
And the time is now. This goes before the council in late April. The time is now to stand up and be heard. No one is going to stand for us. We must stand together. We are power. And if we are power in numbers then that gives us even more power. If we are united, we will rise. If we are divided, we will fall. Peace.
Mr Philthy
I’m a little disgusted with how many steps we continue to take backward in this city. It is a huge thriving city and the biggest in the bay area, yet it’s as if we are afraid of that and continue to oppress all the wonderful things that make us so great! The clubs are shutting down at a rediculous rate, those that are around have a huge amount of issues because of our ENORMOUS amount of police who are always on their backs. Most clubs do not support hip hop events. Our CD stores are shutting down almost monthly and the mom and pop stores that are here have issues with police coming in and taking units off of their shelves for “gang” reasons and they do the same for the independent clothing lines that are struggling to survive out here.
Entertainment is taking the biggest hit here and it shouldn’t be. How are we supposed to tell the community what we have going on without being able to promote it? Let’s regulate it in a more practical way, but “this” proposed way is horrible and will KILL our area. Let’s take this city to the top and do what we should be doing and that is to showcase ourselves and what we have to offer!
Hmmm, so I bet Music in the Park is exempt too huh? Lets see, what about Jazz Fest or 4th of July or any outdoor concerts that take place at Childrens Discovery like Day on the Meadow? Exempt? Bet money on it.
I would like to note that a lawyer friend of mine said that it’s UNCONSTITUTIONAL for a government agency to put an indemnification clause in an ordinance like this. It’s completely ILLEGAL and would not stand up in court. Now that’s something to think about.
Does San Jose want to continue on it’s path of becoming a “police state”? There’s no other major city in the US that has given their police department so much power. But here in San Jose we are handing over our city to them on a gold platter. There’s a reason that there is checks and balances in our political systems, but the more power we give to the PD, the less checks and balances there are.
Personally I don’t see what I should indemnify the city for their actions. I have been doing shows for two years and never once had a problem, a fight, a disturbance. But if ever there was one, I doubt anyone could hold me solely responsible for what happened. You have to hold the people causing the problems responsible for their actions.
Last time I vote for Reed. But that is another matter; glad to see many, if not all, share my opinion of downtown. I’m done here. I’ll spend my money somewhere else.
Unbelievable that this is California and you see something this repressive in these times. Oh well, hello Sunnyvale. FYI; Rumor has it that The King’s Head’s new owners are going to change the format to dance club.. Bye bye Campbell.
It’s unanimous in the nightlife community that the current wording in this ordinance is unfair and unlawful. The original intention of this ordinance was for every promoter to be licensed. It was supposed to be very easy and inexpensive so that EVERY promoter could get it. Then they would be subject to accountability if they fostered or encouraged aggression and fights at their events.
But this ordinance reaches too far. For instance, if a band gets paid to perform, of course they are going to promote their event to bring as many people as possible and make it over the top. The more people that attend the show, the more exposure they can get. That is how it has always been. But under this ordinance if each band member promotes their event, they fall under the “Promoter” umbrella and each member needs to be licensed. One license will not cover the whole band. That is pretty outrageous to me.
Also, under each promotions group are many hosts and hostesses. One promoter license should cover the whole company. But under this ordinance every employee under that promotions company has to be licensed. Promoters do not make much, contrary to what the makers of this ordinance thinks. With the current language San Jose Nightlife will definitely diminish. This ordinance will discourage any aspiring performers or promoters from sprouting, the end result… San Jose Nightlife will suffer.
There are so many question marks on this current ordinance. There is an “Indemnify” section that raises many eyebrows. Also, there is a section where financial records have to be kept for up to 2 years for SJPD. Since when do financial records pertain to the police department? IRS maybe, so what gives?
To my knowledge, city ordinances have to be very specific and detailed. Yet, this ordinance is very broad and unspecific. I agree that there should be accountability and a license could do that. But let’s not make this license so hard to get that it prevents anybody from being eligible to get one. In the end, the City of San Jose will suffer. A city with little to no nightlife will be very unattractive to prospecting homeowners and businesses.
I have read it posted a few places that people posting bulletins on myspace would be considered “promoters”…
That is not the case. For one the local government is not going to watch social networking sites to track people’s bulletins. On top of that, to prohibit those bulletins would be considered hindering someone’s first amendment right.
I haven’t read verbatim the draft of the ordinance but I can guess what they are trying to say is they want to regulate official promoters. IE The men and women the nightclubs pay to through parties. I understand that the fees will cut into salaries and costs of living but I would feel much better about knowing that the event I am going to is being promoted by an official person with a clean record.
The Big Gorillas In The Room Must Be Exposed! Part II.
I would like to add that San Jose DOES have some great venue owners and promoters who perfectly understand and respect this relationship between their respective entities. Some of these folks have been doing business in San Jose for over 5-10 years with no real incidents. We all know a venue or promotion entity that falls in this group…
A thing to think about is these folks will be punished for doing business the right why over the years. These folks will be forced to dramatically alter their way of business because of a few bad apples downtown. I know life is not fair, but come on folks.
So this goes back to my original point and post, all this can be addressed easily and transparently on the Venue Owner Level.
Identify the bad apples early before they spread like cancer and bring bad ordinance like this to bear on respective venues and entertainment entities in this beautiful City called San Jose.
The Big Gorillas In The Room Must Be Exposed!
If you consistently do business with bad business people you get bad business deals. If you consistently book crappy acts/djs etc you get crappy performances. If your venue security constantly allows the wrong elements into your venue you get that “infamous bad crowd” stigma in San Jose. This eventually leads to your business/reputation taking a hit and some loss of business for the most part.
I am for promoters having a business license to do business in the City of San Jose as they need to be held ACCOUNTABLE as a business and pay dues like everyone.
But I think it is ridiculous that the promoters are getting the short end of this stick and have to just through all these hoops just to bring some life/character to this city we all love.
Promoters DO NOT force the venue owners to hire/work with them. It is the venue owners that gives the promoter the green light to do business at their respective venue. It is the venue owner that terminates the promoter most of the time if their promotions are under par etc.
Most promoters go threw several rounds of meetings before actually throwing an event at a “Club, Ultra Lounges, bars etc” Therefore these venue owners know exactly who the promoter is, they have met the promoter, exchanged emails, cellphones, names, myspace etc.
In my humble opinion these promoter issues are DIRECTLY related to SOME of the practices of these venue owners. Greedy VENUE owners at that…
This game is about making $$$ like any other business after all isn’t it. So lets be honest here. Loyal traffic week in week out makes venues HOT in San Jose Period. The more people the better but there is a cost to this.. dress code goes to hell or is sometimes over looked. Think I am lying go out this weekend to every venue in San Jose that spits that “dress code” rhetoric. You will find some violators inside.
Now lets looks at all the venues that have come and gone in the past few years..What killed them? The venue stopped being “hot” because patrons stopped going because the quality of crowd now frequenting the venue basically went to hell compared to the crowd on Grand Opening Day.
The promoter may have brought the crowd? BUT WHO LET IN THE CROWD..?Promoters have no real say about who gets into a venue and dress code etc. If the crowd looks like trouble venue owners SHOULD at least have the SPINE to reject these people from JUMP and set the standard for future events.
In closing, I think this ordinance is unfairly targeting promoters as promoters have no real say on what happens inside or outside the venue. The only exception to this is if a promoter takes on the liability of producing an event from top to bottom at a given venue.
Some Examples To Think About:
– If smoking/drug use is banned in a club and someone is caught smoking/doing drugs in the club. Who do you blame?
– If HP Pavilion has a huge event UFC, Wild 94.9, KMEL type event and these folks spill into the streets and into the event and a fight breaks out after a night at Club X? Who do you blame? We have two promoters and a venue involved in this situtation? Who do you blame?
The Gorillas in the room are the venue owners. They need to set the standards on who can/cannot promote in their venue. This is who this ordinance should be targeting…
As the saying goes..garbage in garbage out…
Venue owners need to be held response for the promoters they work with not the other way round.
Think about it..If venue owners said no more promoters and did all their promotions in-house. Problem solved the ordinance would be useless..
This is just another example where San Jose’s misguided city council is moving San Jose even further away from its potential of being a truly great city. Why is it that when out of state on business, I always respond that I am from the “Bay Area” instead of San Jose? San Jose should have a rich culturally diverse art and music scene and has the potential to but instead city government constantly puts boundaries in place preventing any type of business growth that does not translate to condo construction. San Jose should have an all ages music venue and multiple places to see a band. There is no good reason for San Jose to have so many empty store fronts on the streets of our Downtown. In the past years, we have watched the council rally for ultra lounges type establishments that actually cost the city more in police costs than any San Jose music venue ever has. This type of cutting off of the nose to spite the city’s face fiscal irresponsibility our leaders have shown just moves San Jose and its citizens further away from experiencing any sense of pride in their city. Sure, pay people to clean up our street. Will it be necessary when those streets are empty because no business can operate with this oppressive, anti-independent business rule of the city council that is currently in place? Who wants to live in an over priced condo if the surrounding area is just empty business fronts and over all just depressing. Clean streets alone are not going to attract residents or create a sense of pride for those already living there. Give me a San Jose I can be proud of and then I will admit to living there rather than just nodding when someone says, “Oh? The Bay Area? Like San Francisco?”
San Jose Has so much potential, it’s sad to watch this whole process happening. The city wants to protect its own ass, and so it will require anyone passing out flyers to have a license to do so? This ‘regulation’ is going to be poorly staffed and live shows are going to fall victim to the bureaucracy that is San Jose.
How are the new high-rises expected to attract any potential tenants if the city is annihilating any form of viable entertainment? The only people who can afford them are people with LOTS of money, and people with that much money want to SPEND IT on shows.
WHOOPS!
I think we need some sort of Union for the Promoters, club owners, dj’s, bands,etc..
Also, isn’t it a coincenence that as soon as the new high rises started to pop up, the city came up with all these “rules.” San Jose is turning into its own country while the “City Leaders” sit back in there office and try to dictate what the actual people of San Jose want.
“We don’t Need No Stinkin’ Badges!”
This Ordinance is poorly written and needs to be rectified before any decision is made by the city council. The effects of passing such an ordinance would be very harmful to the already weaken state of the economy and the people of San Jose.
It really amazes me that so many people are writing on this blog about nightclubs and an ordinance that seems to be addressing ways to calm things down in downtown. I haven’t read this ordinance but I am willing to bet it was written to try and get club owners off their butts and start taking responsibility for the problems their clients are causing. The Police spend way too much time downtown on weekends because there are so many troubles occurring down there. And Police protection costs money!
I’ve got a friend who lives down there and when I go visit her, the things I see happening on the streets and in the garages are just sickening. Public urination, fights, drinking and driving, you name it and it goes on. These club owners and promoters need to step up and be part of the solution not part of the problem. If they don’t or aren’t willing to then they need to stop bitching about what comes their way~
Kathleen,
It amazes me that people like you generalize and accuse all of downtowns problems on a few bars and clubs.
The bars and clubs aren’t perfect; no business is.
Most of the problems in the garages and streets are caused by our growing homeless population and our ever-growing youth gang problem.
Very few establishments are problem establishments downtown. And the ones that are a problem never get the “laws and rules” enforced on them.
But of course any one problem downtown has to be blamed on all the evil bar and club owners.
Regarding the promoter ordinance. It is yet another horribly writen band aid for the problems downtown.
And as usual it will make the “non problem” places pay the price for the problem places. Basically, good entertainment (live music) will be regulated out of downtown. That means no more live music at Gordon Bierch, Tied House, Poor house bistro and Smoke Tiki.
But the big clubs will still have thier hip hop DJ’s and promoters and problems.
#58-“It amazes me that people like you generalize and accuse all of downtowns problems on a few bars and clubs.” Not a surprising response. I’m not generalizing, and I never said, “ALL” club owners were bad. Last year, I sat on the Mayor’s Public Health and Safety Transition Committee and know first hand all sides of the issue. Even though that topic dominated all our discussions, and was OPEN to the public, and our meeting times and places advertised in the Mercury News, I didn’t see any of you show up to help solve the problem. People only complain when a solution they don’t like appears.
In fairness to you, I’d have to say that band aide cures don’t work either, and sometimes good businesses suffer unfairly. I strongly disagree with your statement, “Most of the problems in the garages and streets are caused by our growing homeless population and our ever-growing youth gang problem.”
When businesses and promoters bring certain venues to the City they attract a certain type of clientele. Secondly, they attract people from outside of San Jose who cause a lot of the problems we have in downtown. They need to be held responsible for that so “GOOD” business owners don’t pay the price with either weak, or well meaning badly written ordinances that punish everyone else.
Why don’t you organize the “good,” business owners and start working with the City on something fair to everyone? The Mayor’s Office always values input on issues like this. Instead of complaining about the ordinance as is, a group of you should re- write it and submit it for consideration.
Kathleen,
A significant group of us have been a key part of the solutions or a least attempts at solutions. We have been to constant meetings both public and private over the last three years. But nothing changes and our ideas are not valued in any way or shape by any city staff or politicians.
It’s basically bar and club operators verses condo developers. it that simple.
So who do you think RDA, city staff and politicians are going to side with? billionaire developers or small business owners?
THIS IS WHAT A POLICE STATE LOOKS LIKE!
Amen Nostra!!!!
Remember Rocky Horror @ Camera One?
Remember Flat Planet, Janitors, Clubberlang, Skankin’ Pickle (San Jose’s Ska Dynasty of the mid 90’s), The Cactus Club, Fuel, Even the Usual !!
Remember Grindcore/Punk shows galore at the Cupertino Library?
Remember having a sense of art and culture downtown despite a lack of development?
Remember when you were actually proud of the town that birthed Peanut Butter Wolf?
I hope so, because soon every last inkling of hope for new moments like these will be extinguished. This promoter ordinance proposed is tantamount to asking all entertainment acts performing in San Jose to send a demo tape/CD for the PMRC and Neo-Con bigwigs to scrutinize before permission is granted to even set foot on Silicon Valley Soil. The police should never have been allowed to be this involved in San Jose’s entertainment issues. Now merely their ominous presence downtown perfectly illustrates where we’re at. The Cops are now an integral part of the “entertainment containment” which is just plain CENSORSHIP.
Nowadays, if I were to put on a show for the once popular SF punk outfit “MDC (Millions of Dead Cops”) I would have to run the fliers by the chief of police?? And we’re in IRAQ protecting FREEDOM?? How about some freedom fries for us? And this would only be the beginning… How long do you think it would be before the notoriously racist police force of San Jose (Look up “Stolen Lives” a list of casualties perpetrated by SJ’s finest)had their say on what types of entertainment were kosher? SQUARE DANCE TIME EVERYONE!! Do-si-do’nt you think it’s all getting a little OVER REGULATED????
San Jose will very soon have a night watch and curfew of 8pm for all citizens, mark my words. Pretty soon all the bored folks will have will be Asian Massage Parlors and Sports Bars. And of course the internet
:SJPD’s #1 choice for where they’d like to see their citizens on a weekend (no people outside, no problems to solve).The collective varsity football team known as the SJPD will continue to power trip their way to martial law. And since the money’s just right, there’ll be a lot more where that came from. Either that or bloody riots in the streets. Oh wait, never mind. San Jose has been spineless for so long, that they’ll just bend over and lube up, waiting for Officer Gestapo to come home drunk to rape ‘em some more. Meanwhile homicides increase, and there’s more police in SJ than ever. Last I heard they were over a year behind on reports and paperwork. Maybe they should catch up before sticking their nightsticks in new places where they don’t belong. The Asian Sector won’t help with this, their money’s tied up keeping their own people comfortable. And let’s face facts, it ain’t their scene being muscled in on. Between the “Fear of SJPD” and plain old apathy, San Jose’s got no voice of dissent. And even if we did, it’d get shrugged off as misplaced teen angst, and protesting for the sake of protesting. The Vietnamese community has just felt the sting of being called fanatics and having “mob mentality” for merely uniting against what they feel is unjust. If a whole community and ethnicity can be reduced to this here, then what chance do San Jose’s entertainment providers (already regarded as “fringe elements”) have? The main issue is much larger than this. This era we live in has been fraught time and time again with a general sense that “challenging your government” is not only uncool…. It may be grounds for prosecution, and render one vulnerable to ridicule from Big Brother. Until there’s a sense of community there will be no collective anything. Except fear and helplessness. Anyone feeling that way already? Maybe it’s just me, then. Sorry.
Hello everyone!
First of all, I looked all over for the actual ordinance. If you know where I can find it, please hit me on my page or email me. I will greatly appreciate it. I heard about this ordinance and as a promoter this not only affects me but it affect all my friend in the live music industry. It’s already hard enough to promote events, this will make it harder for promoting and even for the bands. i know bands that struggle gig by gig trying to make it out there. This will finish-off those band already at the border line of extinction. Please let your voices be heard. If the Vietnamies community (Little Saigon, Story Rd.)can do it and send a message to the City, so can your voices.
This sounds like an ordinance that is meant to separate promoters from clubs and make them more accountable for their actions / business. I live in Fresno and I have to say that with the exception of a couple of promoters, they have been more of a cancer to our music scene than anything. As a musician, I have to agree that promoters need to be more legit in their ventures to support and actually promote bands. In order for this to happen, they should have to legitimize themselves by getting licenses and permits just like any other business. Why should they be exempt? Whatever happened to the days when a promoter actually “promoted” the bands on their roster? Most of them Just book bands, most of which are touring bands not from the area, and then expect them to promote the shows themselves. Being in a touring band myself, I have played countless shows where no one showed up because the promoter didn’t even post any fliers up anywhere. Not even at the venue we played at! If I want to only book a show, wouldn’t I use a booking agent? Or maybe book it myself? A promoter by definition is a person or thing that promotes, furthers, or encourages. Most don’t do that. They book shows and take all the money. Most won’t even make fliers. Most bands don’t help either by agreeing to play for free and do all the footwork in desperation for getting to play a show. Whatever happened to the days when we were allowed to demand payment when we played a show? I agree that the ordinance is flawed in assuming that bands would be able to afford these types of regulations however the way it would work is that the bands promoting a show under a promoter would simply use the promoters license number or permit info on the fliers/tickets that they hand out. Just like a construction contractor allowing someone else to use their license to do business.Promoters really do need to stop expecting the bands to do all the work for nothing. If they really want to make money, they will properly advertise a show and let the bands concentrate more on putting on a good performance rather than spending all their energy promoting. I think this will just weed out all the bad promoters. Not kill the music scene.
Man I totally agree with G-man. As a local music performer, I shouldn’t be affected by this ordinance because I SHOULDN’T have to be promoting an event that is owned by a promoter. That is their job.
It should go back to the old days of promoters finding TALENT and paying that talent to be on the bill of a show. Then, like any business, they make a small investment in procuring the talent and then promote the show to get lots of people to come and see the show and get all the money for the attendance of that show. Run it like a business.
This Ordinance is badly drafted.Why do you need an ordinance that give the police department more power over live events in the city of San Jose?That’s what make cities like San Jose, San Francisco and Oakland so diverse.This leave a large amount of performers,musicians that bring to the city new ideas of music. Events of different culture give to the public and the people of San Jose to view their wares.
Yes the ordinance need to be reworded.Why notplace the license under the ABC Board;justlike a club owner get their liquor license.Why should it be place in the hands of the police department as if the police don’t have enough to do manageingHP Pavillion event)and night clubs.The license is a good thing.It put promoters on guard who are legality want to promote good shows,Music and Events fairly.
Also the ID CARD is good.The license would give statistic to the police department that the promoters hAS LEGALITY AN STATUS TO THEM.So redraft the ordinance. You don’t want to prevent any entertainer from preforming in the city of San Jose.Also when the word get out about this ordinance;no legal promoters would want to do businessin San Jose.The public lose out;the city lose revenue because the money people spend attending the event.The fee’s is a little to steep for small time promoters.Why not make the fees 250.00 or 300.