news coverage hypocritical bias hatchet job the Plain Dealer did - suburbs musicians will not stop until this bill is dead.

Ignorance Update from Keep-on Rockin Facebook site and posters Hello Everyone:I sent two emails within the last two hours ago that compiled into a zip file because I also included a 5MB PDF file. This has bounced back from several of your email addresses. So I am resending without attachment for know. Sorry for the confusion.(Will send in subsequent email) I apologize that you have received multiple emails that are illegible. I am very frustrated it was not my intent, nor my ISP stated it would be truncated.Henry P. Senyak

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Hi Everyone please review some of today's assumptions.

We will be addressing some of these matters, I met with Councilman Cimperman on Friday. We need to be as vocal as possible to advocate for these quality of life measures. Dozens of you, and many block clubs attended the April 15th Planning Committee with letters of support for the proposed legislation which also included the amendments passed by City Planning.

Councilman Cimperman and I both agree the news coverage and the hypocritical bias in the hatchet job the Plain Dealer Editorial Board did was something out of a high school news paper. Councilman Cimperman stated he was going to write a letter to the editor. I encourage you to take time to do the same. Let them know about the dance clubs near you that kept you up all night. Also encourage your CDC boards to take positions to protect the quality of life for you and write press releases. Many CDC's have kept this matter in house at recommendations of their Council persons who fund them. Just the business owners are being asked to participate in meetings with City Planning Director Bob Brown. Just how transparent is that?

Two years ago when I met the owners of Envy Nightclub and their attorney because they threatened to file a law suit against me and Bob Shores they made it clear they were video taping inside of places like La Boca, Happy Dog, Lava Lounge, Reddstone and many other entertainment venues in Tremont, Ohio City, Old Brooklyn, and Detroit-Shoreway. They plan to use this video when they file a federal discrimination law suit. I was asked to help them, I declined. But I firmly expect that both Bob Shores and I will be eventually named in this litigation along with many others. I will tell the truth, unfortunately another murder has taken place outside of the establishment. Many of us were together even six years ago prior to the first homicide. I pointed this out via email to Councilman Zone. Councilman Zone called me six months ago and stated he supports the right of residents and block clubs to attend BOZA hearings on these matters as they do currently, the proposed laws will give stakeholders the same opportunity. These outdated laws benefit no-one.

We met for two years to come up with middle ground that will create 10 times the legal venues for live entertainment without the current need for a zoning variance. We also firmly believe many operations ignore the law and give the middle finder to law enforcement. We need to deal with places like that.

Please call all 19 City Council persons and let them know you are a city Resident, Taxpayer, and possibly a constituent. Musicians living in Westlake and other suburbs are behind taking your rights of due process away that you are afforded now via Zoning Variances. These musicians will not stop until this bill is dead.

My friends our councilpersons need to keep strong and maintain a moral compass, they are looking for your strong support.

Someone is feeding the musicians parts of the new code bit by bit and they are filling each others heads with assumptions that are so far from the truth and the crafting of the new proposed code.

I wonder if Mr. Holley (see below) understands the editors of the Plain Dealer assigned a reporter to drive around the entire westside with me in 2007. Or if Mr. Holly ever read any of the press about El Tropical including plain Dealer reporter Leila Atassi ?

The Plain Dealer has a short memory.

I have attached some BOZA resolutions. For your review and I will use as facts into evidence that the Plain Dealer should have requested to do a fair and balance story and editorial. (Will send in subsequent email)

Henry P. Senyak

___________________----_______________________---____________________---______________

From Facebook 10/03 at 11pm

Keep Cleveland Rockin' [1]

Alrighty, two more tidbits for today, here's the first-

Under a section of the current summary titled "New Zoning Ordinance Definitions" it defines a "Nightclub" thus-

""Nightclub" means a restaurant, bar or tavern, as defined in this code, where one or more forms of entertainment are provided and which devote areas to live entertainment or dancing constituting more than four hundred (400) squar...e feet of floor area or more than twenty five percent (25%) of the establishment's total floor area, whichever amount is less."

Some have asserted over and over that this ordinance will not affect some of the more major music clubs, because they are by this definition "Nightclubs" and allowed to have loud live music. Well, let's take a look, because a section of this summary titled "Zoning Ordinance Regulations", (once again, I will use all caps to show recent proposed changes by the city planning commission) it says this-

"No nightclub shall be within 500 feet of a residential district OR DWELLING UNIT. Outdoor dining patios within 200 feet of a residential district or dwelling unit, AND OUTDOOR DINING PATIOS WITH MUSIC PERFORMANCES OR SOUND AMPLIFYING DEVICES WITHIN 1,000 FEET OF A RESIDENTIAL DISTRICT OR DWELLING UNIT, shall require a conditional use permit, and no music or sound shall be heard from 11:00PM AND 8:00AM, EXCEPT THAT THE BOARD OF ZONING APPEALS MAY GRANT A VARIANCE TO EXTEND SUCH HOURS TO AS LATE AS 1:00AM IN A PARTICULAR LOCATION IF THE BOARD DETERMINES THAT THERE WILL BE NO DISTURBANCE TO OCCUPANTS OF NEARBY RESIDENCES OR LIKELY FUTURE RESIDENCES.

Ok, so we all know some music venues big enough to be considered Nightclubs by the city's definition. I can think of at least two major music venues right off the top of my head (The Beachland Ballroom, and Brother's Lounge) that would be defined as Nightclubs, and would fall within 500 feet of a "residential district or dwelling", WAY within 500 feet.

Brother's also has an amazing patio, that definitely falls within 1,000 feet of residential and dwellings, and has speakers on it for sattelite radio. That constitutes sound amplification, so they will already require a conditional use.

Next, this section states that "...no music or sound shall be heard..." that means no sound at all, no matter what it's source, can leave that patio after 11:00PM, or they would be breaking the law.

Now, they can apply for a variance to go as late as 1AM, as long as it is deemed by the board that there will be "no disturbance to occupants of nearby residences" or "likely future residences". Wait, back up... That doesn't say "likely future residents", it says "Likely future residences". What????? This says that a venue can be denied a variance, based on the idea that noise from the venue might someday disturb somebody who might possibly someday want to live in a dwelling that might possibly someday be built near it. Someday. Maybe. I can't wait to call all of the places I might someday want to possibly live, maybe, and get them to pass ordinances that say no noise can happen there on the premise I might possibly someday want to put my dwelling near that location. Think they'll laugh at me? I have tried to be calm and collected about my whole approach to this, but now I HAVE to ask- Who the hell came up with that?

Also worthy of mentioning- Under a section of this summary titled "Local Retail and General Retail Districts", it states very clearly that "Nightclubs are permitted in General Retail but not permitted in Local Retail".

We have established that under the definitions in the proposed ordinance, both The Beachland and Brother's, two major Cleveland music venues, would be considered "Nightclubs". We have also determined that they are both zoned as "Local Retail". Just sayin'.

More soon.See More

· · Share [2] · 7 hours ago [3]

9 people [4] like this.
View 1 share [5]
- [6]

Clinton J Holley [6] The people behind this always throw around phrases like "quality of life" and "selective enforcement". They feel because the clubs that THEY want out of business are not (in their eyes) getting the proper attention then they will try to shove this on the whole city. In reality they are opening the door for even greater selective enforcement. Who is going to drive around and make sure all of these places have the right permits? Will they wat until somebody complains about a club to look into it. Will Henry Senyak drive around with his little clipboard and turn you in if he does not like you? Dig deeper. Ask every business in Tremont that has opened in the last ten years what is going on, then you will have reached the true origin of this issue.

7 hours ago · · 1 personLoading... [7]

[6]

Clinton J Holley [6] Also, look into what happened to a coffee shop called the Curbside at 95th and Lorain. No alcohol, family Bluegrass jam night and they get busted for not having the right permits.

7 hours ago · · 1 personLoading... [8]

[9]

Joel De Genova [9] This is soooo Ohio!!!....so glad I moved away. Best of luck with this......whatever ya wanna call it.

6 hours ago ·

[10]

Song Bird [10] Apparently, existing clubs will be grandfathered in from the 500ft restrictions/parking requirements, but the concern amongst the business community is that they (of COURSE), WANT more businesses of the sort in their neighborhoods, because it draws ADDITIONAL REVENUE TO THE RESPECTIVE NEIGHBORHOODS. Now, I am *not* 100% sure on the grandfather clause, this is simply what I've heard. so I thought I'd mention it.

5 hours ago ·

Keep Cleveland Rockin' [1]

Okay, gotta take a break for a bit, still haven't eaten today, and I have some personal business to handle. More coming later, I still have some pretty big bombs to drop. · · Share [11] · 12 hours ago [12]

5 people [13] like this.
- [14]

Bred Box [14] Get it!

12 hours ago ·

[15]

Felicia Sheffield [15] Gives us all time to take it in ourselves! Although I must admit, I am still abit confused as to what good any of these "changes" are because their wording is so awful. What I get from it though, it does not seem like much at all has been changed; and the DJ thing definatly throws me off as well.

10 hours ago ·

Write a comment...

[1]

Keep Cleveland Rockin' [1]

As previously stated, there have been a lot of changes suggested by the city planning commission, where changes are suggested, I will use all caps to show newly introduced language. We have been largely focusing on "Local Retail" and "residential" zoning, but here is a proposed change for "General Retail" zoning:

"IN GENERAL RETAIL DISTRICTS AND IN ALL LESS RESTRICTED ZONING DISTRICTS, AMPLIFIED... ENTERTAINMENT THAT PRODUCES NOISE LEVELS GREATER THAN THAT PRODUCED BY UNAMPLIFIED ACOUSTIC MUSICAL INSTRUMENTS SHALL BE PERMITTED ONLY AS A CONDITIONAL USE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 329.041 FOR ANY USE LOCATED WITHIN TWO HUNDRED (200) FEET OF A RESIDENTIAL DISTRICT OR DWELLING UNIT EXISTING AT THE TIME OF THE ESTABLISHMENT OF USE, OTHER THAN A DWELLING UNIT LOCATED IN THE SAME BUILDING AS THE ENTERTAINMENT ACTIVITY".

Now, what the general gist of that is, is that if you are zoned "General Retail", or have other less restrictive zoning, you CAN in fact have entertainment louder than the totally unplugged variety, provided that if you are within 200 feet of any residential district or dwelling not on your premises, you procure a "Conditional Use" permit. A conditional use is exactly what it sounds like. It's permission granted to undertake certain activities, provided certain conditions are met. Not all in all a terrible thing. BUT, could result in some venues with "General Retail" zoning ceasing to have "entertainment", should the conditions prove too costly or inconvenient. The owners or operators of venues affected by this could simply decide it's too much trouble or money to meet conditions set forth to gain a permit, and decide it's easier just to not have bands.

A short listing of venues that provide entertainment zoned "General Retail" within the city's borders, again just from last week's Friday magazine, there are more... -

Danny Boy's Tavern
Flying Monkey
Third Place
Treehouse
Club XO
Spitfire
The Normandy
Becky's
Corner Alley
Peabody's
Wilbert's

Now, granted, not all of those are within 200 feet of a residential district or existing dwelling. If they aren't, they would not have to gain a Conditional Use. But a lot more of them ARE within 200 feet, than aren't, that's for sure.See More

· · Share [16] · 12 hours ago [17]

3 people [18] like this.
- [19]

Timothy Lee [19] Herr Comrade Cimperman proposed thist legislation.

12 hours ago ·

[20]

Paul Kingston [20] Okay, we'll take an un-amplified symphony orchestra as a baseline and promise to stay under 137db.....

12 hours ago · · 2 peopleLoading... [21]

[22]

Artie Lundberg [22] He may have "proposed it," but I at least am not quite ready to indict Mr. Cimerman for including every provision in here at this time. It's possible others in the process have asked him to "push" positions he himself has not had the opportunity to think through for the perspective of the musicians and some of the constitional issues. . I hope now that we have his attention we can have a meaningful dialouge on some of the points. Sounds to me like, this is the week to find out.

12 hours ago · · 2 peopleLoading... [23]

[22]

Artie Lundberg [22] Correction. . Threehouse is within 200 ft of a dwelling (not 500 as I mistakenly cited in your earlier post).

12 hours ago ·

[24]

Derrick Andrew [24] more info needed on conditional use. is this a one-and-done permit? or is this like a liquor license you buy and renew each year? what are the costs associated with the permit? sounds like a kind of terrible idea...

11 hours ago ·

[25]

Chuck Braman [25] I wrote this once but it bears repeating: Fighting this legistlation by conceding the government's right to enact it is completely misguided. Once the principle is established that the government has the right to regulate musical activity, the battle is 100% lost… then it's just a matter of the degree of the government's destruction of careers and livelihoods. Please do not fight for a "compromise" between the freedom of restaurants, bars, and nightclubs right to employ musicians, and the alleged "right" of government to prohibit them from doing so in any degree or under any circumstances. Fight to have the legislation thrown out entirely as an immoral and impractical violation of the actual rights that musicians and their employers actually possess.

11 hours ago · · 2 peopleLoading... [26]

[27]

Nick Ceplice [27] ball games need to follow the same !!!! this law is discrimination !!! n fascist bullshit !!!!

11 hours ago ·

[27]

Nick Ceplice [27] we need to vote for impeachment of council !!!!

11 hours ago ·

[25]

Chuck Braman [25] If anyone produces a loud noise at an unreasonable hour, whether from a motorcycle or a guitar or anything else, you don't need a special law to deal with that, the laws that are already on the books are sufficient. If this particular law gets passed in any form, that will be the end of the right of musicians and proprietors to contract freely; and that will be the death of live music in local venues.

11 hours ago ·

[25]

Chuck Braman [25] The distinction here is between government regulation, which attempts to prevent a crime before it happens and applies to both the guilty and innocent alike (as in not allowing a venue to hire a musician based on some arbitrary standard that they are not 200 feet away from this or that kind of building, or in the wrong zone or whatever, whether or not they would disturb their neighbors or not), verses a legitimate law which only punishes the guilty after an actual crime has been committed. For further information, here is an excellent article, titled "What Is Objective Law": http://www.tafol.org/bulletins/b07.html [28]

11 hours ago ·

[1]

Keep Cleveland Rockin' [1]

There has been some controversy surrounding which venues will be affected by this legislation. Some are claiming that it won't hurt the city's music or entertainment industry.

I call BS on that idea. Any club, bar, tavern, or restaurant that employs people, provides entertainment, and is located in Local Retail or Residential areas will be affected. Yes, it's worthy to note that some of the ...more major music clubs are not in zoning that will be affected, but a couple of them will be, and lots of little places certainly will be.

That may not be seen as important by some folks, but it is to me, and I'll bet my M&M's that it's VERY important to a the huge majority of working players in this town, who derive their only income from being bar musicians.

I love the big music clubs, and I work with some of them regularly. I would not like to see any ill befall any of them. BUT, for a lot of players, the smaller bars and taverns are life's bread and butter. Sure, we work in the suburbs too. But there are a LOT of places within Cleveland borders that provide live entertainment, and will be affected. If you are wondering which ones, here is a short list.

These are just the bars and clubs that have entertainment, and are zoned "Local Retail" or residential that were listed in last week's Friday magazine. Just a small sampling. There are more besides, many more.

Prosperity Social Club
Beachland Ballroom
Happy Dog
Johnny Malloy's
Now That's Class
PJ McIntyre's
Public House
Smedley's
The Hawk
Twist
Brother's Lounge
Cavanna
Touch Supper Club
Garage
Bop Stop
The Harp
Anatomy
Barr Fly

Keep in mind, these are only the ones that listed in last week's Friday Magazine. We could all name a dozen more at least.

Next entry in a few minutes, prepare to get fumin'...See More

· · Share [29] · 13 hours ago [30]

6 people [31] like this.
- [22]

Artie Lundberg [22] Not only that there are one's like the Treehouse the appear to have the benefit of "Gerneral Retial," but clearly are with 500 ft of a dwelling the they puts it in the need to get a "conditional use permit." and guess what? Threehouse is right across the street from a Church. So now a place that has had live music on Sunday's for years and on it's patio would "start" it's process to get a permit with it's hat in it hand trying to overcome a presumption the it should not be granted a conditional use permit to play amplified music in or outside.

12 hours ago ·

[22]

Artie Lundberg [22] This sampling is good eveidence that the City probably didn't do any upfront work on the potential "impact" of the places that would be effected. Let's hope as they start to undertand this that it gives them reason to rethink the conditional use permit concept altogether. I still maintain, that ever if the "amp" "un-amp" provision goes, the conditiona use permitt provides the city too much control over the substantive activities that a bar or tarvern can offer, in constract, to merely having control over the manner (e.g, volume restrictions) and timing (e.g. no music on outdoor patio with ____ feet of residential areas after _____).

12 hours ago · · 1 personLoading... [32]

[22]

Artie Lundberg [22] I would really ask the City to take a step back and look how much control it is seeking to obtain in its ability to grant these licencses. . It's one thing to say, you must get one. I encourage the City not just to look at this through its power to regulate business and its interest in safety, nuisences and noise. It need to be sensative that as it is doing so it effectively regulating activities such a (a) speech (music), (b) freedom of expression (dacne), and (c) the right to assemble (both). The fact that a bar is offering its place for people to do this and makes money does not mean the City can now tell a place they can't offer them. While the City has no obligation to let any bar or tavern open, or to grant any liquour licence, once it has done so, IMHO (whic does come with a bit (but not an expert) understanding of Constitutional Law), cannot then use broad zoning or other license restrictions to effectively disallow or discourgage activities that a protected under our constitution. . and the right to play, listen and dance to music are part of free speech, part of freedom of expression and assembly!

12 hours ago · · 1 personLoading... [33]

[22]

Artie Lundberg [22] Rock & Roll is loud, it's intended to be loud, it's rebelious in it's nature, and if you don't understand that it WILL give you a headache!

12 hours ago ·

[1]

Keep Cleveland Rockin' [1]

Okay, time for some nitty gritty. There will be many entries today on the subject, this is but the first. Try to read through them all, they are important.

I have on my desk this morning, a current summary of proposed ordinance 347-11. This contains the basic gist of the thing, and several proposed changes being suggested by the city planning commission. As I've stated previously, the section... on volume levels not exceeding that of "unamplified acoustical musical instruments" is supposedly going to be modified or removed, but for right now, it is still intact, and that's a problem. There has also been a slight change. Where changes are being suggested to any part of the ordinance, I will use all caps to illustrate which language is new. The summary currently reads:

"In local retail districts, entertainment in restaurants, taverns and bars (and accessory entertainment uses) shall be no louder than noise produced by unamplified acoustical musical instruments, and the noise shall not be perceptible in a residential district or a dwelling unit (unless the dwelling unit is in the same building as the entertainment activity) AND SHALL NOT INCLUDE RECORDED MUSIC PLAYED BY A "DISC JOCKEY"."

I will admit, I'm not entirely sure what they are meaning here. It's written in a way that makes it read really strangely. Being that "entertainment" is the noun being described by the rest of the language, it could mean that either Dj's aren't considered "entertainment", and therefore not subject to these rules. OR, it could mean that no entertainment used in local retail districts shall include Dj's. It's kind of hazy, which is the problem with a great deal of this thing, very little transparency.

If it IS giving a free pass to Dj's, it makes no sense. My personal issues with clubs hiring Dj's instead of live bands aside, I have to look at this logically, and employ common sense. In doing that, I have to consider that most bar and club Dj's are as louder, or louder than most live bands, and carry a much heavier low end frequency response in most cases. If it IS in fact giving a pass to Dj's, then it does nothing to solve noise problems for residents, and only serves to put musicians out of work.

If it is saying that no Dj's can do their thing in bars and clubs zoned local retail, then that's not fair either. Not sure why Dj's are suddenly being singled out in either case. It's just weird.

Keep in mind, this is not a solid change to the legislation, only a change being suggested by the city planning commission. But, being suggested, could easily be adopted into the legislation.See More

· · Share [34] · 13 hours ago [35]

3 people [36] like this.
- [14]

Bred Box [14] What a joke! Like they ain't got nothin better to do with there time!

13 hours ago · · 1 personLoading... [37]

[38]

Ray Miller [38] ‎-A good way to get wording you WANT,is to WRITE it for them.

12 hours ago · · 1 personLoading... [39]

[40]

Rosie T. Reveller [40] We don't want the damn thing at all, that's the problem.

12 hours ago · · 2 peopleLoading... [41]

[1]

Keep Cleveland Rockin' [1] Ray, I would love to get a group together and do just that. However, I am not allowed by law to introduce legislation. All I can do, is pull apart what they write so people can understand it, and take on the role of the frustrated school teacher who keeps having to say "Nope, still wrong, do it again".

12 hours ago · · 2 peopleLoading... [42]

[14]

Bred Box [14] Also make sure everyone share's this so we can get the word out! We don't unite it won't be a pretty site!

12 hours ago · · 1 personLoading... [44]

[6]

Clinton J Holley [6] I know when I DJ classic country music a lot of people don't consider that entertainment!

7 hours ago ·

[1]

Keep Cleveland Rockin' [1] Well Clint, there's no accountin' for taste. You know that.

7 hours ago · · 1 personLoading... [45]

[14]

Bred Box [14] Truth be told, it will never happen! Here's why cleveland is the home of music example rock and roll hall of fame is located there! Second, it's politic's! Most older people are the voters so this is one way for politician's to stick out to get revoted! Bottom line it politic's as wit we all know is b.s. In the first place!

6 hours ago ·

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Sent: 10/3/2011 11:39:04 P.M. Eastern Daylight Time
Subj: 10-03-11 Ignorance Update from Keep-on Rockin Facebook site and posters

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"When I despair, I remember that all through history the way of truth and love has always won. There have been tyrants and murderers, and for a time they seem invincible, but in the end, they always fall — think of it, always." - Mahatma Gandhi

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