Beginning July 1, the dancing and live music scene in downtown Madison may take a drastic leap forward. City officials in league with members of the alcohol-regulatory Policy, Alternatives, Community and Education group and the Madison Police Department are shaping the future of live entertainment through the possible approval of a new entertainment license. It is aiming to allow the 18- to 20-year-old crowd into bars and clubs where live bands and entertainment are offered.

The first step of the process began with the repeal of the outdated Cabaret license, which led to the end of prohibition. It was used to regulate clubs where dancing was the primary entertainment.

The Cabaret, repealed Dec. 14, 2004, by the City Council, has instead been substituted with the Nightclub license. This new license grants establishments with a capacity greater than 100 patrons the ability to provide live entertainment. Establishments serving fewer than 100 patrons are not required to have the license.

“Instead of banning dancing in all bars, [the Nightclub license] only prohibits large-scale musical events without a security plan,” Ald. Austin King, District 8, said. “It’s a much-needed update.”

Live entertainment, as defined by the nightclub legislation, includes live music performances, disc jockeys and a designed dance-floor area. The dance-floor area must be at least 200 square feet.

Establishments must submit an operational plan to the city’s Alcohol License and Review Committee outlining the type of live entertainment offered, the number of security personnel employed and how they will be utilized.

One of the sponsors of the Nightclub ordinance, Ald. Mike Verveer, District 4, said the former Cabaret was “ridiculous” because it labeled the act of dancing as “somehow dirty and criminal.”

With the repeal of the Cabaret and the approval of the Nightclub ordinance, support is growing for the upcoming Performing Arts Venue license. If approved by the council this spring, the license would allow establishments to admit an 18+ customer where live entertainment is offered.

Cabaret: dancing prohibition on the town?

The Cabaret license, although repealed in December, will continue a short-lived existence until June 30, 2005, when the updated ordinance will be instituted. The new Nightclub license will be effective July 1 in all downtown establishments.

The timing coincides with the renewal cycle of citywide liquor licenses effective in July. Bar and club owners will be able to apply for their annual liquor license and their choice of a Nightclub license in a time-structured basis.

The Associated Students of Madison played a hand in the repeal of the former license when the group members used it as their fall 2004 kick-off issue.

ASM member Kelly Egan serves as chair of the Legislative Affairs Committee and has been active in the repeal of the Cabaret.

Egan, along with three ASM members, spoke before the City Council in support of the new Nightclub license and the repeal of the Cabaret Dec. 14.

Before the license was repealed, more than 80 percent of citywide establishments with dancing did not have the $250 license, according to King. This posed a problem because it was illegal to allow dancing without it.

There are currently 62 licensed ordinances in more than 300 regulated alcohol establishments in Madison, King added.

According to Captain Mary Schauf, assistant chief of police, the Cabaret license had in the recent past “fallen off the slate” in terms of enforcement.

“Even if [the Cabaret license] was a tool use to control dancing, it was like using a hammer to get a screw into a wall,” King said.

The ordinance also problematically failed to define the act of dancing, which provided a number of problems.

“Can a college kid wearing a backwards cap attempting to move to song actually dance? And furthermore if he was ticketed [for dancing], could he contest it by saying he wasn’t dancing, he was just gyrating?” King questioned.

For these reasons, the ALRC’s writing of an updated ordinance demonstrated the need to keep up with the changing times and community policy, according to Schauf.

Let us in

While students now have the pleasure of dancing when they want to, the majority of downtown nightclubs and entertainment venues cater specifically to the over-21 crowd. This places a restriction on students between the ages of 18 and 20 who are restricted from bars and oftentimes dance clubs.

A proposal of the Performing Arts Venue license is currently being drafted by the City Attorney’s office. The PAV license will allow any establishment with live entertainment, including bands and DJs, the ability to open their door to the 18- to 20-year-old group. There will be strict drinking and security regulations for the underage group.

“What we’re trying to do in reality of the state law is still provide some relief for underagers and venue owners,” Verveer said. “This is something that would foster more live music in town.”

After the draft has been completed by the City Attorney’s office it must pass through a vote of the ALRC and ultimately rests on the approval of the council.

Verveer, a member of PACE, said he is hopeful the PAV license will impact the lives of underage citizens in the community who have limited social opportunities. Underage patrons must choose between breaking the law and using a fake ID or patiently waiting until they turn 21 to enter venues.

“I’ve long believed the drinking age should be 18,” Verveer said. “And the nasty impact of having the drinking age being 21 is it limits the opportunity to enjoy entertainment.”

According to Egan, ASM will continue to support the addition of 18- to 20-year-olds into wet establishments providing live music. The student government will offer full support for the upcoming PAV license this spring, she added.

If approved within the next few months, the license may be effective July 1, coinciding with the liquor and Nightclub licenses.

“There are so many things Madison has to offer in arts and entertainment that students under 21 cannot get into,” Egan said. “That’s a huge population of students.”

Egan stressed students do care about be admitting into entertainment and live music establishments, especially those who are not of legal drinking age.

“Students have to go to house parties to have fun,” Egan said. “But at bars and clubs bouncers can take care of fights and unsafe situations. The environment will be better controlled.”

Allowing 18- to 20-year-olds into alcohol establishments to see live bands is a particular area that can be improved upon downtown, according to King. This will be especially advantageous to bands previously unable to tap into a potential fan base in the 18- to 20-year-old crowd, he added.

According to Tristan Gallagher, vice president of the King Club, the establishment receives as many as 20 calls a weekend night from underage patrons.

Gallagher said it is “sad to say no” to the under-21 crowd, especially since live bands want this crowd to be admitted.

And the Safety Concern Award goes to …

The on-campus community and university partnership, PACE, is most notable among students as the alcohol regulator of drink specials in the downtown area.

Despite PACE’s stance on drink specials, the group is advocating both the Nightclub license and the PAV license proposal, according to PACE project director Sue Crowley.

“If you’re under 21 and you want to see a band or see entertainment, there aren’t places on campus to do that,” Crowley said. “Over half of the students are under the age of 21 so at any given time you have some 20,000 students looking for something to do.”

Crowley and members of PACE agree the PAV license will successfully relocate underage patrons in an environment offering live music. This environment is “absolutely safer” than an overcrowded and oftentimes unmanaged house party.

House parties present a host of problems for police officers, mainly the concern of high-risk drinking and the effects of alcohol-related violence and assault, according to Schauf.

Despite controversy surrounding underagers in environments fostering alcohol, Crowley said she is confident underage patrons will abide by security rules and drinking regulations.

According to Schauf, underage drinkers oftentimes choose to drink for the effect of getting intoxicated or for entertainment purposes. In the case of underagers who enjoy drinking for the entertainment and social purposes, the Nightclub ordinance and possible PAV license provide an appealing outlet.

“This ordinance responds to students’ needs and it gives students an opportunity to prepare for the day they turn 21 in safe and legal way,” Crowley said.

It is likely the license will increase the number of people out and about on the town, but according to Schauf, an increase does not necessarily denote increased enforcement issues.

“Everything is situational. You need certain things for crime to occur … having more people out could swing enforcement issues in a positive or a negative way,” Schauf said. “I personally see [the PAV license] as a benefit for the downtown.”

The license has potential to work successfully if establishments are able to manage the underage crowd and adhere to regulations set by the ALRC, Schauf added.

Impact me baby

A primary concern with the PAV license will hinge on the enforcement-issues regulations between police involvement and establishment security. According to Gallagher, underage patrons in an environment with alcohol can be difficult to control, especially on busy weekend nights.

“The underage crowd can get rid of marks. They can cut off bracelets, tear them off, you name it. We’d be playing cat and mouse with them,” Gallagher said. “[W]hat happens to us if we get caught serving underage people who have been deceptive?”

Keeping bouncers at the door is one way to successfully control the crowd, but Gallagher stressed high-impact establishments, such as King Club, deal with a three- to four-hour stretch where they are filled to capacity. In these situations, it is difficult to make sure each and every patron is both behaving and of age.

According to Gallagher, a number of bars and clubs may not apply for the license due to the increased risk of underage drinking tickets and related violations.

“We may not risk our [liquor] license and add more staff just so that an 18+ crowd can get into the bar so they can drink for a dollar a soda,” Gallagher said.

In the past, the Annex and Luther’s Blues offered non-alcoholic nights where members of the under-21 group were admitted. According to Crowley, these events were hard on the businesses because of the lacking alcohol sales.

“While [the venues] were willing to do that, it’s a financial sacrifice,” Crowley said.

According to Gallagher, admitting an 18+ crowd can be a financial burden. Bar owners will be forced to raise the price of non-alcoholic drinks in order to break even on alcohol sales, and they will be solely responsible for deceptive underagers who consume alcohol.

“It’s totally on us 100 percent of the time to make sure underage drinking isn’t going on. How will we know which cup is the Coca-Cola and which one has rum … in it? Are we going to sniff every cup?” Gallagher questioned. “At what point can you police this?”