BUFFALO, N.Y. (WBEN) - There is a growing frustration from local musicians and confusion for bars, restaurants, and music venues because of restrictions imposed by the New York State Liquor Authority.
According to the SLA, live music is allowed at bars and restaurants if their liquor license allows for such an activity. However, the state is only allowing "incidental music", meaning the shows cannot be advertised or ticketed.
"Music should be incidental to the dining experience and not the draw itself," the SLA website reads. "All other forms of live entertainment, such as exotic dancing, comedy shows, karaoke etc., are not permissible currently regardless of phase."
Musicians have been unable to perform regularly for the better part of five months due to the coronavirus pandemic and the restrictions imposed by New York State. This prompted Stacey Givan to create a petition that calls on the state to allow ticketed music events.
“I don’t think the liquor authority understands that having a pre-sale ticketed show at a sit-down table allows the venue to control the capacity which keeps them in the guidelines. It’s a controlled environment. There’s no risk. The performers have to be 12 feet or more from the tables. Why is that a risk? What does that have to be changed? There’s not mobs of people knocking down the doors for a band playing a ticketed show at a Buffalo venue. It’s being controlled.”
Givan first created her petition on Tuesday and it gained approximately 600 signatures in one day. As of late-Thursday afternoon, the petition has more than 4,000 signatures after it collected attention from local musicians.
Even though Givan is unable to perform shows with her band, she still has income with her work as a real estate agent. For full-time musicians like Michael Hund, the loss of shows has eliminated his primary source of income.
“They knew the names of us so they could trace it if somebody had coronavirus,” Hund said. “They had zero tolerance. If you got up, you were asked to be removed. I think that’s the safest way, a ticketed event. But now, you can’t do that.”
Hund is among the musicians that amplified Givan’s petition. But he’s taking it a step further. Hund is planning to file a federal lawsuit against the state and hopes that this lawsuit will result in a loosening of restrictions for live music, similar to what happened with gyms.
“It’s discrimination against us because we’re essential too,” Hund said. “They don’t want to let us do anything. It’s not that I’m rebelling. I just want to be able to play and make a living. Everybody wears their mask and everybody should be wearing their mask. The virus is still out there. Everybody should just take the precautions and do what they have to do.”
Bars and restaurants are feeling the impact of the latest state mandate. Armor Inn Tap Room General Manager Carl Mazzu said their stage is only being used by acoustic musicians and that the restaurant has lost thousands of dollars because they cannot promote any acts.
“We’ve been in business for more than 40 years without incident with the health department or state liquor authority,” Hall said. “We’ve never gotten into any trouble. We’re a community-oriented business. I think we’ll have a conversation. They’re not telling us we can’t have music or operate at 50 percent capacity. They’re just telling us we can’t promote music. If they come in, we’re not violating any liquor authority laws or any of the reopening guidelines.”
Town Ballroom is also advertising shows on their website, though the owner said this was because of a glitch on their website.