Currently Bread & Water Theatre has three options to resolve this issue:
1. A donation drive to raise the money. (all donations are tax deductible)
2. Move outside the city limits (Brighton for example has zoning laws pertaining to theatres, but does not have an "entertainment center license". The difference would be a one time fee rather than a yearly fee. If we moved to a mixed use building where a variety of functions take place [like a church] zoning may not be an issue.)
3. Overturn the law or amend the law through city council or other means.

BWT is putting together a coalition of other organizations who have been affected by this law. If you are a business or non-profit and have been affected by this law please contact me at jr@breadandwatertheatre.org.

Some of the comments I made in this were early on in the process before a lot of information was known. It is becoming more and more clear that BWT may be the ones responsible for paying the fee and not the church. In addition, the way the law is worded "entertainment" could be almost any event where the public may be invited or has access.

Also, BWT has never purchased advertising or engaged in a marketing campaign of the sort that Walker is alluding to. We use our website, posters and postcards to advertise our shows. We have never been able to afford an advertising campaign or other such marketing campaign to engage the public.

This is a yearly fee? If so, I imagine you would have to raise your prices which strive to be affordable to all. I hope you do not have to move out of the City. This church has housed other theatre groups and I wonder whether or not they paid this fee.

The petitioning has begun. Please sign this petition and spread the word about the perils facing the Rochester arts scene. www.change.org/petitions/help-save-the-arts-in-rochester-ny

@Joan It is a yearly fee that is due January 1st. So if you started a business in december and paid the fee you would have to again pay the fee in January.

Way to give them a heads up on future targets. This should go well. And posters in public places are public advertising. And City Newspaper is not part of the judicial system. Why on earth are you arguing about it here? Private message systems are advisible in situations like this.

Gary walker says "use revenue for their own benefit" as Bread & Water is a non-profit and no one in the organization gets paid it would seem this license would not apply.

@Steve What are you talking about? I'm putting together a group of people to stop a repetitive and stupid law. These people could have already gotten Entertainment Center Licenses or not. It doesn't change their opposition to the law.

Also we don't put posters in public spaces. We put them in private businesses. Without the City Newspaper article noone would ever know about this problem until it effects them or an organization they care about. Only through engaging people and informing them of what's happening can any sort of change be attained.

So when Mayor Richards or members of the city council or school board speak at some church does that constitute "entertainment"? And if so, should it be classified as "comedy", "tragedy" or "farce"?

As to Walkers assertion that. "We need to enforce the law evenly." , we saw that such even enforcement was circumnavigated in the case of the Occupiers by a side agreement with the city. Perhaps BWT should occupy New Life Presbyterian until a similar agreement can be hammered out with Walker's boss?

Mr. Walker's references to the city enforcing its laws (evenly or otherwise) reminds me of an incident two or three years ago involving "enforcement" by the RPD.

A friend of mine were renting an apartment in Corn Hill. Some guy moved in next door and proceeded to park the cab to his "18 Wheeler" directly in front of her porch, apparent;y so as to not obstruct the view from his own apartment. Although he was usually gone during the week his large, bright red truck cab was parked there almost every weekend.

This went on for over a year. Requests that he at least park in front of his own home met with a silent refusal. My friend contacted the RPD to see what could be done and was told that the cab was legally parked. She discussed the matter with me and we decided to look through the city code ourselves.

Imagine our surprise when we discovered that there WERE in fact parking restrictions on large truck cabs and that they could not park on residential streets for more than 4 hours at a time. My friend again contacted the RPD, cited the code section, and finally managed to get the cops to come out and tell the neighbor to (literally) hit the road.

The final joke was that, even though the RPD was now cognizant of the fact that this type of parking was verboten, they did nothing about another truck cab that was parked on th SAME street two blocks away. That cab remained there unticketed and unmolested by the cops for another year.

I am not directly associated with Bread and Water Theatre (B&W), but as President of the Rochester Community Players, and as an attorney, I am astonished and dismayed that B&W may be subjected to this requirement.

The City is requiring B&W to obtain an "Entertainment Center License" (link to application: www.cityofrochester.gov/article.aspx?id=8589937604 )

The City Code (link: www.ecode360.com/8674119?all=true#8674181) broadly defines an Entertainment Center as "The premises, including a theater, hall, auditorium, tent, structure, building or enclosure of any type, yard or lot, on or within which is offered, operated, presented or exhibited to the public any motion picture or public entertainment. This definition shall not include municipal or school auditoriums, athletic fields or playgrounds or public parks" Public Entertainment is broadly defined as "Any theatrical performance, concert, athletic contest or game, exhibition, show or entertainment, including a disc jockey and dance floors, offered, operated, presented or exhibited to the public. . ."

My organization performed at the Church Hall of New Life Church many times from 1994-2008 and I am familiar with the premises. Any church hall that hosts a public event would probably fit the Code definition. But it is clear that the intent of the Code is related to prevent disorderly public premises. The Code provisions for Entertainment Center is accompanied by licensing requirements for "Amusement Centers" (video games and such) and "Billiard Rooms". The Entertainment Center provisions include regulations for peep shows and X rated movie booths. Regulations prohibit overcrowding, fighting, rowdy behavior, gambling, prostitution, and sale of controlled substances and drug paraphernalia. Not exactly a typical evening at B&W.

This is not a health and safety issue. Any church hall is required to follow building code regulations, such as fire codes and ABC restrictions, for places of public assembly, whether or not "public entertainment" is presented. The additional Public Entertainment Center requirements is clearly intended to deal with rowdy crowds at commercial establishments. To require an additional $425 license for a tiny not-for-profit theater group performing in a church hall seems ridiculous.

JR You are an entity that falls under this requirement, because you rent and control the space. Pay the fee. Get inspected and stop making a target of arts groups. Being a not-for-profit is not a factor. Whether people are paid is not a factor for this license, or for being a not-for-profit. A petition will not change a law. The petition will only bring unwanted and undesired attention to those signatories.
This is where I predict the future. You argue this point all the way to City Council, and loose, then pay the fee, and no facility you use will pass an inspection and/or be granted the license that, by the way, many groups, businesses, and not-for-profits depend on having. OR, you fight this, and your next performance is shut down and you are fined. However it turns out, most are likely to recognize that you have just asked everyone in town to fight your battle, a battle that is only the result of your lack of awareness and preparation. And if you do not drop it, I predict that many will un-friend you on Facebook and limit your marketing capacity. Good Night, and Good Luck.

@Stacy I think you miss the larger point. Many groups and people in the Rochester area do not have Entertainment Licenses and could be shut down as well as BWT. Not to mention that we (or many other groups) don't have $475 on hand to pay such a fee.

This law is so broadly stated it could apply to almost any public activity whether its a church service or a couple guys playing folk music on their back porch. This fight is not mine alone and could impact a lot of different groups.

Also, we shouldn't live our lives in fear and this is a perfect opportunity to engage our local officials and say a law needs to be changed. The police are not to blame -- they are just enforcing the law and most people understand that.

When I first saw the $475 I thought....shoot I can donate that....but after reading further I understand the fight to change an unjust law....also have to agree with Mr. Scribner's comments....do churches need the Entertainment Center License? Would I need one if I were to have a 'parlor jazz' concert in my home if I wasked for donations to cover the artist's costs?

The churches are not theaters!!! They are not pretending to be. they are making their simple spaces available for a fee. They have different occuppancy permitting to enjoy. Jr is the one bringing the theater and setting up residence. It's his group that is doing the thing in residence and making it a theater.

@Steve the way the law is written any sort of space where the public is invited can be considered an entertainment center. This means churches, funeral parlors, coffee shops, Book clubs, reading circles, etc. There is no requirement in the ordinance for money to change hands. All that is required is the public to be invited and some sort of performance aspect. The performance portion is so vague that it could include anything from pre recorded music or film to live performances.

Many local businesses have been effected by this law before BWT. For example, coffee shops can no longer have music performances, book or poetry readings without getting a license despite already complying with all other ordinances in regards to maximum occupancy and safety.

I agree with you. Churches are not theatres. And theatres are not night clubs which is what this law was intended to regulate.

@stacy Actually, the theater may rent the space but does not control it, the theater has use of the space durring certain times, but the church controls it and has other groups in there as well. The theater also has no authority whatsoever to fix or change anything in the building so having to pay for a license and inspection is pointless. That is what makes this ridiculous.

I wonder from time to time whether everyone has lost their common sense.