Before you get the license, you might want to see what could follow from having it: will the municipality start taxing the band’s income or property? If there is a legitimate exemption, I’d recommend you take it. Once you’re in the government’s database, who knows what they’re going to try to get from you?
It might be worth consulting a lawyer to see if you really need the permit, and if there’s a legit reason you can present the code enforcement guy why you don’t.
Don’t forget: It’s always easier to stay out than to get out.
IANAL. Do you or your wife know the judge well enough to call him up, explain the situation, and ask for advice? I’m thinking that, worst case scenario, the judge tells you how to CYA (and his). Best case scenario: The judge takes care of it.
IANAL. You should probably wait for feedback from lawyers in this thread (who are used to dealing with judges) before calling any judges. IANAL.
Gfactor, I did go to lawguru.com, Nv. business law, and posed the question: if my band plays only in local bars, do we need to get a business license?
Response:
1st lawyer: If you are earning money doing these gigs og course you need a local business license.
2nd lawyer: Yes
Apparently they were unfamiliar with 4.04.011 5. No license is required for an entertainment group hired by a licensed establishment.
Monday we have band rehearsal and we’ll try to figure out what the heck to do. As a somewhat paranoid person, I would really like to stay out of the city system as much as possible.
Rucksinator, it was the bass player who knew the judge and gave him his business card with his name on it. And, yes, I am thinking of having him call the judge and explain what’s going on and see what happens.
I don’t think that will fly. If they are playing in the city, then they’re subject to the city’s laws and regulations for the time they are there.
I often do work in neighboring towns, and I have to get a business license (and keep a copy in the truck), “just in case.”
I’ve also refused to go to certain towns for field work, insisting the customer come to me instead, because the terms of obtaining a license in those towns is so onerous.
Any updates?
I was thinking that, worst case scenario, the judge says “What the hell!?! You guys didn’t have a business license?!? Who is this? I don’t know you! Prank caller!! Prank caller!! [slams phone down]”
Best case scenario: Judge says “Don’t worry, I’ll take care of it.” And it’s taken care of.
Well, at band rehearsal last Monday night we pretty much decided to not do anything at this point. We’ll see if the guy contacts the bass player again and if that happens (probably will) he’ll be asked for the ordinance number that is requiring us to get a business license. We’ll just have to take it from there.
We did tell Bill (BP) that he should at least call the judge to let him know what’s going on. They do know each other, so, hopefully he might be able to help out. I don’t see anything happening until after the holidays.
At first, I wasn’t terribly concerned about actually having to get a license, I just thought, along with every other person I’ve talked to, that this was a definite “WTF??” situation. But now, Commasense, you’ve put the fear of gov in me and if I can avoid getting stuck in the system, I’ll be happy
It seems to me that the problem is the fact that there was advertising for the band. If that’s the only problem, you could always disband and reform under a new name that you make sure you never advertise for. If a subset of the members are the owners of the current name, have the new name be owned by a different subset, which would make it a different “person” legally.
The disadvantage of this is that you lose much of your reputation in the community by changing the band name. Your income may go down if you can’t pull in the same numbers under the new name. But then your income is going to go down if you have to buy a business license every year. Eventually your reputation will recover, but the business license fees are unlikely to go down.