Real0ne
Posts: 21189
Joined: 10/25/2004 Status: offline
|
quote:
ORIGINAL: tazzygirl It often would work better if you dug a bit deeper, pahunk. MUNCIE, IN - A local band leader and downtown bar operator is challenging the Indiana Department of Homeland Security's authority to regulate and permit live entertainment. Last April, IDHS through its fire and building safety division found Mike Martin of the Folly Moon violated state law by failing to obtain an entertainment permit for live music at the downtown establishment. State law requires places of amusement and entertainment to have permits subject to the inspection of state fire and building inspectors. And the law defines entertainment places as night clubs, dance halls or cabarets. Martin filed an appeal to the permit, saying he operated a bar and restaurant with occasional music played by his band, The Mike Martin Band, and others. And in the challenge before an administrative law judge, Martin believed the state was not enforcing the law uniformly, only requiring permits for live music instead of electronic or even Karaoke that is also played at the Moon. And the law really does not apply to restaurants or bars, he adds, along with concerns that the IDHS is trying to shut down small business with outdated laws. John Erickson, IDHS spokesman, said it was up to the state to enforce the law. But Don Marquardt, president of the Indiana Licensed Beverage Association, said the enforcement was just the latest in a series of government action against the food and beverage industry that has been hard hit by taxes, smoking bans and competition by other business. The entertainment permit law is archaic and outdated, Marquardt said, used to regulate night clubs and dance halls which are not bars and restaurants. The ILBA tried to get the law rewritten a few years ago, asking former lawmaker and now Mayor Dennis Tyler to help. The Legislature never addressed the issue. Marquardt mentioned another affront to bars and restaurants with excise police enforcing old local health code violations and issuing infractions against owners. Martin plans to have his day before a judge in August, hoping to stop more expense to local bars and restaurants. http://www.munciefreepress.com/node/29089 Now, this is an Indiana law.... http://www.in.gov/dhs/2795.htm And its a state level DHS. The Indiana Department of Homeland Security will provide statewide leadership, exemplary customer service, and subject matter expertise for the enhancement of public and private partnerships and the assurance of local, state and federal collaboration to continually develop Indiana’s public safety capabilities for the wellbeing and protection of our citizens, property and economy. http://www.in.gov/dhs/2358.htm This is hardly a new law... 2006. And its done through the division of fire safety. http://www.in.gov/dhs/files/AE_application_42235.pdf Taking this a bit further.... Indiana Code 22-12-1-23. "Regulated place of amusement or entertainment" C 22-12-1-23 "Regulated place of amusement or entertainment" Sec. 23. "Regulated place of amusement or entertainment" refers to the following: (1) A theater, opera house, movie theater, dance hall, night club with a stage or floor show, or another place that offers an amusement or entertainment to the public for consideration or promotional purposes. (2) A place where a boxing, sparring, or unarmed combat match or exhibition is conducted under the supervision of the state athletic commission. (3) A hall, gymnasium, or place of assembly where a school, college, university, social or fraternal organization, lodge, farmers organization, society, labor union, trade association, or church holds any type of amusement. (4) A public or private place where a regulated amusement device is operated. As added by P.L.245-1987, SEC.1. Amended by P.L.160-2009, SEC.3. http://www.lawserver.com/law/state/indiana/in-code/indiana_code_22-12-1-23 As you can clearly see, this is a state law, not a federal one. Making your OP of.... quote:
The Department of Homeland Security says it is illegal to freely play music in The United States. Completely false. but they were not using any regulated amusement devices. LOL IC 22-12-1-19.1 "Regulated amusement device" Sec. 19.1. (a) "Regulated amusement device" means a device designed to carry or convey one (1) or more persons in one (1) or more planes or degrees of motion for the purpose of amusement, recreation, or entertainment. (b) The term includes the following: (1) An amusement ride. (2) A ski lift. (3) A passenger tramway. (4) An aerial tramway or lift. (5) A surface lift or tow. (6) A bull ride simulator. (7) A bungee jump facility. (c) The term does not include a passenger operated device or an inflatable amusement chamber.
_____________________________
"We the Borg" of the us imperialists....resistance is futile Democracy; The 'People' voted on 'which' amendment? Yesterdays tinfoil is today's reality! "No man's life, liberty, or property is safe while the legislature is in session
|