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the legalities of house concerts

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criz...@gmail.com

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May 27, 2007, 2:27:03 AM5/27/07
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Hello group.
I live in the Sacramento, CA area and am considering booking house
concerts in a space I am currently leasing that sits above a business
(a small restaurant). I do not live in the upstairs space, in fact,
the space isn't even zoned for residential usage but I would like to
put on 2-4 house gigs a month there and try and avoid turning it into
a business-situation where I will have to deal with local/state/
federal government.

Here's my question: is it possible to do a members-only type of deal
where the only real form of advertisement for the concerts would be
via a blog, e-mail list and message board and pay the performers by
suggested tips/donation without having to submit to the city, county
or state? Does anyone here do this in California and if so, would you
be willing to share some tips/give advice to a house concert-wannabe?

Any help would be much appreciated.

Chris

Abby Sale

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May 27, 2007, 11:28:14 AM5/27/07
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On 26 May 2007 23:27:03 -0700, criz...@gmail.com wrote:

>I live in the Sacramento, CA area and am considering booking house
>

>Here's my question: is it possible to do a members-only type of deal

You have to get an answer in the Sacramento, CA area. This could involve
regs from _any_ jurisdiction. Best to consult a local attorney than to
rely on the kind of wild mythology you'd get on a forum or news group.

Sacramento is fortunate to have the person of Joe Offer living thereabouts
(Auburn) & offering a monthly jam at his very own house. And another at
someone else's house.

Joe is as knowlegable & generous a folkie as you'll find the world over. I
don't know how good he sings, though.

If you can't find him in the phone book, you'll find him at www.mudcat.org.

Good luck.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- ---
I am Abby Sale - in Raleigh, North Carolina

Karen Rodgers

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May 27, 2007, 11:40:14 AM5/27/07
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On Sun, 27 May 2007 11:28:14 -0400, Abby Sale
<NO_SPA...@ft.newyorklife.com> wrote:

>On 26 May 2007 23:27:03 -0700, criz...@gmail.com wrote:
>
>>I live in the Sacramento, CA area and am considering booking house
>>
>>Here's my question: is it possible to do a members-only type of deal
>
>You have to get an answer in the Sacramento, CA area. This could involve
>regs from _any_ jurisdiction. Best to consult a local attorney than to
>rely on the kind of wild mythology you'd get on a forum or news group.
>

An entertainment lawyer would probably be his best bet. I don't think
regular contract law would be sufficient. Especially these days when
restaurants are regularly hounded by ASCAP enforcers, ur, legal
representatives "protecting" musicians' interests.

Karen R.

Roger Lubin

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May 28, 2007, 12:22:57 PM5/28/07
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I think this is primarily a zoning issue, and the city would probably be
concerned about noise, parking, that sort of thing. I'd begin by starting
at the city's zoning department (or county, if the venue is located outside
the city limits) and see whether there are zoning ordinances regarding house
concerts. If there seem to be issues, then maybe an attorney might be
helpful. But I'd start first at city hall and go on from there.


"Karen Rodgers" <n...@a.valid.address.for.newsgroups> wrote in message
news:b79j53p2g76fioa00...@4ax.com...

A Sherman

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May 31, 2007, 9:29:17 PM5/31/07
to
>
> Hello group.
> I live in the Sacramento, CA area and am considering booking house
> concerts in a space I am currently leasing that sits above a business
> (a small restaurant). I do not live in the upstairs space, in fact,
> the space isn't even zoned for residential usage but I would like to
> put on 2-4 house gigs a month there and try and avoid turning it into
> a business-situation where I will have to deal with local/state/
> federal government........

Hi Chris

Your description made me immediately think of Strings in Oakland.
Joey Lent has been running this venue for many years in the
Oakland/Berkeley/Emeryville neighborhood. He has addressed many
of the issues you raised.

Undoubtedly the local situation in Sacramento is different from
that in Oakland, but you will probably be able to find some useful
advice at strings. Their website is http://www.strings.org/

Good luck!

Al

Bob Kaplow

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Jun 4, 2007, 10:07:52 AM6/4/07
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Regulations would vary widly depending on your local zoning and other
assorted regulations. I know of one group that had no problem when they
asked for donations, but ran into trouble when they started selling tickets,
and had to move out of the house environment into other locations. They
currently operate as a 501C3 non profit organization.

--
Bob Kaplow NAR # 18L >>> To reply, there's no internet on Mars (yet)! <<<
Kaplow Klips & Baffle: http://nira-rocketry.org/Document/MayJun00.pdf
www.encompasserve.org/~kaplow_r/ www.nira-rocketry.org www.nar.org

Sir, if I was building a weapon of mass destruction,
you wouldn't be able to find it.

Ken Goldman

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Jun 4, 2007, 3:44:07 PM6/4/07
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Karen Rodgers wrote:
>>On 26 May 2007 23:27:03 -0700, criz...@gmail.com wrote:
>>
>>
>>>I live in the Sacramento, CA area and am considering booking house
>>>
>>>Here's my question: is it possible to do a members-only type of deal

I'll bet the show stopper will be homeowner's insurance, which will
probably not cover liability once you start charging admission.

Bob Kaplow

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Jun 5, 2007, 8:37:54 AM6/5/07
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In article <4665ba9d$1...@news.greennet.net>, Ken Goldman <kg...@watson.ibm.com> writes:
> I'll bet the show stopper will be homeowner's insurance, which will
> probably not cover liability once you start charging admission.

Perhaps, but your insurance agent isn't going to come by, shut you down, and
write you a ticket like the local government will.

notlob

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Jun 5, 2007, 9:22:19 AM6/5/07
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"HouseConcert" is an 889 member Yahoo group whose mission is "A
discussion list of how to mount a House Concert.
Discussions shall include booking tips, refreshment options,
chairs :-) etc. Although my interest is in folk music. I'm sure small
country or other mainly acoustic groups could be hosted. Outside the
house (yard/park) may also be discussed. Related to exterior concerts,
discussion about the use of sound systems is also welcomed." You may
try posting your question there.

http://launch.groups.yahoo.com/group/HouseConcert/?yguid=238406061

A Sherman

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Jun 5, 2007, 10:24:41 PM6/5/07
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"Bob Kaplow" wrote

>
> Regulations would vary widly depending on your local zoning and other
> assorted regulations. I know of one group that had no problem when they
> asked for donations, but ran into trouble when they started selling tickets,
> and had to move out of the house environment into other locations. They
> currently operate as a 501C3 non profit organization.
>

One of the best house concert venues in our area
http://www.foxrun.org/indexFoxRunHouseConcerts.html ran into trouble with the
state Department of Revenue because they were giving a portion of the money
collected to charity. They had to change that policy. They now give 100% to
the performers.

Al


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