Street performers face tighter regulations
A fee increase and tighter regulations to a Times Square “busking” program should be expected next season.
The Fort Myers Beach Town Council plan to address proposed changes to the street performer ordinance in an upcoming meeting for updates or changes to the permit process. Discussion was held during a recent workshop.
A larger number of approved permits than in past years in the space-confined pedestrian walking plaza signaled a stronger need to gauge and police such acts. According to Town records, 29 permits have been issued and three more were approved for pickup as of March 4. In the 2013-14 season, 24 permits were issues and 23 the year prior.
On Feb. 17, Council issued a moratorium on street performer permits until the existing process becomes resolved. Performer-to-performer separation requirements of 50 feet have been self-regulated, but there is concern that if all or most acts show up at one time there will not be room.
“I think the 50 feet apart rule is ludicrous, because they will not be 50 feet apart,” said Mayor Anita Cereceda. “I don’t believe in setting up an expectation that people will not comply with unless you only want to have two of them (street performers). There are some truly good performers and, at other times, there are not.”
Another issue with having too many street performers within Times Square focused on safety. Drawing crowds to performances can be seen as a safety issue as some pedestrians are impacted while trying to walk through the area.
After further Council discussion, the consensus was to allow 20 active permits or less and delete the 50-foot requirement language. All Council members also agreed on an increase in permit costs. There was a proposal to raise the existing permit fee to $150 to add staff time to the application fee and background checks.
Rules and regulations as well as permit fees for other cities were provided for comparisons. Cereceda stated she would like the overall fee “substantially higher” or change the format to charge for a base fee and add extra for background checks and staff time. An undisclosed administrative cost for paperwork could be considered.
Background check language was updated. Hosafros provided a list of potential standards for future regulations on the application form, and they were consensually approved. They included disallowing permits for those with felony convictions, for sexual-related convictions, for alcohol- or drug-related convictions in the past five years and for applicants having more than five traffic/misdemeanors in the past five years.
Council discussed minors and the need for them to have a responsible parent present at all performances. This registered person would be required to undergo a Town background check and provide supervision.
Councilwoman Rexann Hosafros would like an age limit for performers at 15 years old, but that age limit is still under debate. Currently, there is a 9-year old and a 16-year old.
Animal stipulations were discussed as were hours of performance window, conflicting acts amplification, business license requirements and insurance requirements. Street performers and performances are currently covered under Town insurance, but Council agreed to add language to have performers provide coverage as well. Charging sales tax was also brought up, but performers are not allowed to sell merchandise.
“I am a firm believer that street performers should not be selling a product other than their performance,” Cereceda said.
“That would take care of the sales tax issue,” added Vice Mayor Dan Andre.
Visual arts in the program was frowned upon due to sales possibilities.
“Creating visual arts leads to selling,” said Hosafros.
Right now, performances are limited between the hours of 10 a.m. and 9 p.m. on Sundays through Thursdays, and between the hours of 10 a.m. and 11 p.m. on Fridays and Saturdays. Locations cannot be reserved. Town records state that the use of a location on public property by a permit holder shall be on a daily, first come, first served basis.
The proposed changes to the street performer ordinance comes after an overabundance of street performers within the Square was reported coupled with a recent application appeal of one of the performers that led to a concern about the current ordinance and application process regarding the matter. At the Jan. 20 Council meeting, Council began discussing issues on the matter when they heard the street performer application appeal of Scott McFall. McFall had been denied a permit due to a prior conviction, one he explained was many years ago. Council overturned the Town staff denial and granted him a permit.
On Feb. 2, Council held a workshop on the matter and discussed all applicable issues related to street performers and performances. Now that this second workshop, which was held March 16, has added more regulatory direction for potential action, expect a meeting and/or hearing to produce a vote to direct changes to the street performer regulations and process.