From: May, Michael
Sent: Monday, October 06, 2014 3:13
PM
To: All Alders; Soglin, Paul
Cc: Veldran, Lisa; Woulf, Mark;
Zilavy, Jennifer; Lauten, Patricia; Allen, Roger; Gloede, Carl; CL GROUP
Subject: Lakeside Coffee House; Agenda
Item 27; Legistar 35086
Attachments: LakesideAttachment 35086.pdf;
Entertainment License Memos.docx
Follow Up Flag: Follow up
Flag Status: Flagged
Common
Council Members:
Our
office received a copy of the attached correspondence to you. We have
concerns about two of the proposed conditions:
1. Proposed condition 7 asks that the entertainment license be issued for
3 months and then extended to a full year if there are no violations in the
first three months. This sort of license is not allowed under the
ordinances. The Council could ask for a review of the license after a
period of time, with the City pursuing the usual revocation procedures if there
were problems. If the applicants agreed, the Council could issue the
annual entertainment license but add a condition that there would be no live
entertainment after a specific date – sort of an entertainment license that the
applicants agreed not to utilize.
2. Proposed condition 8 asks that future acts be “similar” to those that
appeared last summer. If this is meant to exclude any entertainers who
have not previously appeared, we think it is anticompetitive and problematic in
that regard. If “similar” is meant to mean something else, such as that
only single acoustic or light rock or some folk groups would be allowed, we
think the condition as proposed is so vague as to be unenforceable. I
suppose the City might be able to show that Led Zeppelin is not “similar”, but
beyond that sort of case, I’m not sure how else we could enforce such a vague
condition.
We
also question whether condition 9 adds anything, but do not see a legal issue
with it remaining on the license.
Finally,
there have been some questions about the nature of live entertainment allowed
under the ordinances. I attach a brief memo from ACA Roger Allen on this
topic.
I
do not have the emails of the applicants; I would appreciate it if Mr. Woulf or
the Clerk’s office could forward this to them.
Michael
P. May
City
Attorney
City
of Madison
210
Martin Luther King Jr. Blvd., Rm. 401
Madison,
WI 53703
608/266-4511
FAX:608/267-8715
PRIVILEGE AND CONFIDENTIALITY NOTICE
This electronic message is intended only for the designated recipient(s). It may contain privileged or confidential information and should not be disclosed to third parties without our express permission. If you are not the intended recipient, you have received this message in error and review, dissemination or copying of this message is prohibited. If you have received this message in error, please notify the sender immediately, delete the original message and destroy any electronic or printed copies of this message. Thank you.