BitVote Intro



BitVote Intro
by Susan Basko, Esq.  

BitVote is a new voting method and program invented by Aaron Bale and in development by some of the finest minds today.  BitVote is an online voting system that promotes Distributed Democracy.   Distributed Democracy harkens back to the days of direct democracy, which is decision making done by the people without representatives.  In smaller organizations, this works.  As a political unit becomes bigger, direct democracy has often been replaced by having elected representatives who then make it their daily work to know about the issues, attend meetings, and vote on the issues and laws.  In the U.S., many people have found that representative democracy results in government that pleases no one and that spends too much money and confers little or no societal benefit on the average person.  The widespread availability of the internet may make direct democracy possible once again. The townhall meetings of yore can take place on the internet, with those interested in a particular topic in attendance, though separated by thousands of miles.

BitVote works by giving a voter one voting unit per each minute of life the person lives after registering as a voter.  That means each voter gets 1,440 votes per day.  The votes are like currency, to be spent on whatever amounts on whichever topics are of interest to that voter.  A voter may save up votes to make a big impact on an issue of great interest to that voter. BitVote is a way of giving value to a person's time and enthusiasm, rather than to one's money.   BitVote makes issues less dichotomal by allowing voters, for example, to allocate 100 votes to one solution and 200 votes to another solution.

The BitVote system is envisaged to be fluid in function.  If the people vote for the system to work in a certain way, and allocate money for this, then the system can be designed to reflect that functionality.  The votes have the meaning assigned by the voters.  For example, voters decide the process on how a certain solution or initiative will be funded or staffed.

BitVote is built on Ethereum, an open platform that works in units called contracts.  The contracts can speak to each other.  Vitalik Buterin  is the founder, owner and lead developer of Ethereum. He is a winner of Theil Award that encourages computer program development.  Ethereum recently issued its own currency or esoteric collateral, called Ether.  Ether and BitVote are but two applications suited to the Ethereum platform.  Over time, Ethereum and its uses will develop.

Aaron Bale came up with the idea for BitVote based on his own life experiences.  Leah Pearl, who is a nursing school graduate, is the BitVote Communications Director.

I personally have been a sounding board for Aaron's ideas and a legal assist. I went from thinking that a voting system where each person gets 525,600 votes per year as a preposterous mess, to thinking of these votes as neat currency in a voting wallet, to be spent to create a better world.  I like the idea that life is valued, and that each person's contribution is valued.

BitVote.GitHub.com - Vote with your Life.

What is BitVote?  
BitVote is a universal voting ecosystem for the Internet era. For every minute of your lifetime, you'll automatically earn a "voting minute" that can be cast on any cause of your choice. Voting results are globally available in a transparent and decentralized legend, robustly resistant to manipulation or censorship and fully compatible with any preexisting social network or political system.

Why BitVote? 
Remember how you felt when you first discovered the Internet? Remember how empowering and hope inspiring it used to be when we were growing up? How sharply does that contrast with the concerns people have now? Where's the Internet is going to be in five or ten years? Neutrality. Surveillance. Censorship. What if future generations don't have that same type of feeling we have? What if instead of inspiring and empowering them, the internet terrifies and debilitates them? I created BitVote on the hopes hope that we will be able to tip the scales back in our favor and give us a chance to systematically fix whatever it is that is causing this change.

Who is BitVote? 
Aaron Bale (@arkbg1) founded BitVote in 2012 during the SOPA Blackout, with support and inspiration from Aaron Swartz (@aaronsw),  Sven Swootleg (@joepie91) and Leah Chase (@leahxpearl). In 2014, BitVote began collaborating with Jasper den Ouden (@o-jasper), Stephan Tual (@stephantual), Joris (@mids106), Ethan Buchman (@ebuchman) and Vlad Zamfir (@vladzamfir) of Ethereum. The project has been developing for over two years through the teamwork of a network of programers, activists, lawyers, advocates, politicians, artists and normal citizens around the world. All the developers have one thing in common: a desire to have the voice of the people heard and heeded.


Street Performing as Public Service


Street Performing as Public Service
by Susan Basko

Street performance, also known as busking, is a form of public service.  Street performers make music, juggle, create art.  Their audience is whoever happens to be there.   I encourage street performers to think of their performance as sacred service, creating moments of happiness for those who may most need it.
I recently got this email:

Hi, Sue

We exchanged emails a while ago concerning my busking on Venice Beach and the police response to me regarding noise. I believe in your last email to me you told me to keep on playing, that I was doing a service for the people on the beach. I really didn't understand that.

Well, I've continued playing on a once-a-week basis with no more problems (just south of Rose St.). Yesterday, a homeless man who was "camping" out on the grass near me, approached me as I was setting up. He was like many of the homeless, suffering from obvious psychological problems, but he wanted to give me two ceramic balls (about six inches in diameter). I offered to pay him, but he refused, saying they were a gift. He then handed me a dollar bill, and said, "I've heard you play before. This is for the two hours of entertainment you're going to give me. God bless you."

So now I get what you meant. 

And although it never has bothered me when "down and outers" smile at me, give me thumbs-up, stop and tell me that they're enjoying my blues, but of course don't tip (which I really don't need anyway), suddenly their positive responses mean so much more than the tourists who throw the money in. 

Willie the Bird sat down next to me while I played yesterday, lit up his pipe, and when I finished my song thanked me. Then he fished through his Rastafarian bag, and placed a tip in my container - a three quarter used lighter. We shook hands, and he "God blessed me."

It doesn't get much better than that.

Thanks for your encouragement, Sue.

Bill  

Chicago Street Performers! New Law!




Chicago Street Performers!  Get ready for Summer fun and moneymaking.  Get a Street Performers license and head on out to entertain the thousands of tourists traipsing through this gorgeous city.

As always - KEEP IN MIND:   The Chicago Street Performers permit does NOT include CTA stations or Metra or Amtrak or the airports.  CTA has special, very restrictive permits.  Metra  requires a special permit and appointment, possibly with insurance.  Airports are very restrictive, other than the approaches that are actually part of the CTA.  Amtrak is a performance in its own right.

Chicago updated the Street Performer's Law:

What does the permit cost? 

Chapter 4-5-010 (27)
Street Peddler and Street Performers   
$100.00  (EDITOR NOTE: THE LAW DOES NOT STATE how long the $100 is for- a year? Two years?  I will assume it is for a calendar year.  If any reader knows please email me!)

   Provided, however, that the fee shall be $50.00 if the licensee is: 65 or more years of age at the time of application; or a veteran of the armed forces of the United States, whose discharge from military or naval service was other than dishonorable; or a person with a physical or mental disability, as certified by a medical doctor.




CHAPTER 4-244 
STREET PEDDLERS AND STREET PERFORMERS 

 ARTICLE I.  GENERAL PROVISIONS

Bookmark4-244-010  Definitions.
   As used in this chapter:
   “Commissioner” means the commissioner of business affairs and consumer protection or the commissioner's designee.
   “Department” means the department of business affairs and consumer protection.
   “Licensee” means any person holding or required to hold a license under this Chapter 4-244.
   “Millennium Park” has the meaning ascribed to the term in Section 10-36-140.
   “Peddler” or “street peddler” means any individual who, going from place to place, whether on private property or on the public way, sells, offers for sale, sells and delivers, barters or exchanges any goods, wares, merchandise, wood, fruits, vegetables or produce from a vehicle or otherwise.  The term “peddler” does not include (1) a “grower” or “producer” as defined in Section 4-12-010 of this Code, or (2) any class of peddler specifically defined and licensed or required to be licensed under other chapters of this Code, including, but not limited to, (i) any junk peddler within the meaning of Section 4-6-150; (ii) any merchant within the meaning of Chapter 4-212 of this Code, or (iii) any mobile food dispenser within the meaning of Chapter 4-8 of this Code.
   “Perform” means and includes, but is not limited to, the following activities: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing or reciting.
   “Performer” means any person holding or required to hold a street performer permit under this chapter.
   “Public area” means any sidewalk, parkway, playground or other public way located within the corporate limits of the City.  The term “public area” does not include transit platforms and stations operated by the Chicago Transit Authority or the Metropolitan Transportation Authority.
   “Special event” means any special event conducted by the City of Chicago, including, but not limited to. events conducted with the permission of the Chicago Park District in parks or other facilities operated by the Chicago Park District.(Prior code § 160-1; Amend Coun. J. 10-7-09, p. 72718, § 3; Amend Coun. 5-9-12, p. 27485, § 117)


Article III.  Street Performers
Bookmark4-244-161  Permit – Required.
   No person may perform in a public area without first having obtained a permit issued under Section 4-244-162 of this chapter.
(Added Coun. J. 5-9-12, p. 27485, § 125)
Bookmark4-244-162  Permit – Conditions.
   (a)   A permit shall be issued by the commissioner to each applicant for such permit in exchange for a completed application and a permit fee in the amount set forth in Chapter 4-5 of this Code.
   (b)   A completed application for a permit under this section shall contain the applicant's name, address and telephone number and shall be signed by the applicant.
   (c)   The permit required under this section shall contain (1) the name and permit number or department account number of the permit holder; (2) a clear photograph of the permit holder; and (3) the year in which the permit was issued.  The permit shall be in a form that can be displayed.
   (d)   The permit required under this section shall be nontransferable.
   (e)   Upon issuing a permit under this section, the commissioner shall also issue to the performer named in such permit a printed copy of this chapter.
(Added Coun. J. 5-9-12, p. 27485, § 125; Amend Coun. J. 11-8-12, p. 38872, § 125)
Bookmark4-244-163  Permit – Display.
   A performer shall carry and display a permit on his or person at all times while performing in a public area, and shall wear the permit in a manner that is clearly visible to the public.
(Added Coun. J. 5-9-12, p. 27485, § 125)
Bookmark4-244-164  Duties – Prohibited Acts – Other requirements.
   (a)   A performance may take place in any public area, but only between the hours of 10:00 a.m. and 8:00 p.m. on Sundays through Thursdays and 10:00 a.m. and 10:00 p.m. on Fridays and Saturdays.
   (b)   A performer may not block the passage of the public through a public area.  If a sufficient crowd gathers to see or hear a performer such that the passage of the public through a public area is blocked, a police officer may disperse that portion of the crowd that is blocking the passage of the public, or may order the performer to cease performing at that location until the conditions causing the congestion have abated.
   (c)   A performer may not perform on the public way so as to obstruct access to private property, except with the prior consent of the owner or manager of the property.
   (d)   (1)   A performer shall comply in all respects with the relevant portions of the noise and vibration control provisions of the Chicago Noise Ordinance, Chapter 8-32 of the Municipal Code, and all other applicable Code provisions, which prohibit a street performer from generating any sound by any means so that the sound is louder than an average conversational level at a distance of 100 feet or more, measured either horizontally or vertically from the point of generation. Failure to comply with these noise control limitations shall constitute a violation of this subsection (d)(1) and shall subject the violator to the penalties set forth in subsection (e) of this section and to the fine set forth in Section 4-244-170(b).
   Any performer whose performance in the area bounded by Lake Michigan on the east, Oak Street on the north, Congress Parkway on the south and LaSalle Street and Wacker Drive on the west (including both sides of the named boundary streets), has exceeded the noise limitations set forth in Section 8-32-070, and restated in this subsection (d)(1), and who is given notice thereof and requested to move by a police officer, shall move the location of his or her performance at least two city blocks from the location where the noise violation occurred.  Failure to obey such a request to move is a violation of this section.
      (2)   It shall be a separate violation of this subsection (d) for a street performer to generate any sound by any means so that the sound is louder than an average conversational level at a distance of 200 feet or more, measured either horizontally or vertically from the point of generation.  Failure to comply with these noise control limitations shall subject the violator to the penalties set forth in subsection (e) of this section.
   (e)   Anyone found guilty of two violations of subsection (d)(i) of this section within one calendar year, and anyone found guilty of one violation of subsection (d)(2) of this section, shall have his or her street performer's permit revoked by the department for a period of one calendar year.  Permit revocations shall be conducted in accordance with procedures established by the department.  In addition to permit revocation and the fine provided for in Section 4-244-170(b), a person violating subsection (d) of this section may also be required to perform up to 24 hours of community service.
   (f)   All street performers are prohibited from performing in the highly congested area on both sides of Michigan Avenue, bounded by East Delaware Place on the north and East Superior Street on the south.
   (g)   No performer shall, while performing on the public way (1) along that portion of Jackson Boulevard that lies between Columbus Drive and Lake Shore Drive at any time during which a concert is being performed in the Petrillo Music Shell, or (2) along that portion of Randolph Street that lies between Columbus Drive and Michigan Avenue, and along that portion of Columbus Drive that lies between Michigan Avenue and Monroe Street, at any time during which a concert is being performed in the Jay Pritzker Pavilion, emit noise that is audible to a person with normal hearing more than 20 feet away.
   (h)   No performance by a performer shall be allowed at any time in Millennium Park, or on any sidewalk that abuts Millennium Park.
(Added Coun. J. 5-9-12, p. 27485, § 125; Amend Coun. J. 11-8-12, p. 38872, § 126)
Bookmark4-244-165  Acceptance of contributions.
   A performer who performs and accepts contributions under the provisions of this chapter shall not be committing disorderly conduct under Section 8-4-010 of the Municipal Code of Chicago by virtue of those acts.
(Added Coun. J. 5-9-12, p. 27485, § 125)
ARTICLE IV.  ENFORCEMENT
Bookmark4-244-170  Violation – Penalty.
   (a)   Except as otherwise provided in this chapter, and in addition to any other penalty provided by law, any peddler who shall be found liable or guilty of any fraud or misrepresentation, or who shall violate any of the provisions set forth in Article II of this chapter, shall be fined not less than $50.00 nor more than $200.00 for each offense.
   (b)   Except as otherwise provided in this chapter, and in addition to any other penalty provided by law, any person who violates any of the provisions of Article III of this chapter, including, but not limited to, the noise control limitations set forth in subsection (d) of Section 4-244-164, or who knowingly furnishes false information on the permit application required under Section 4-244-161, shall be subject to a fine of $300.00 for the first offense and $500 thereafter for any subsequent violations.  Except as otherwise specifically provided in Article III of this chapter, any person found guilty of three or more violations of any of the provisions of Article III of this chapter within one calendar year shall have his or her street performer's permit revoked by the department for a period of one calendar year.  Permit revocations shall be conducted in accordance with procedures established by the department.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-9-12, p. 27485, § 126; Amend Coun. J. 11-8-12, p. 38872, § 127)
Bookmark4-244-175  Special events.
   The mayor, by and through the commissioner of the department of cultural affairs and special events, shall have the authority to promulgate reasonable rules and regulations governing the time, place manner and duration of all performances permitted under this chapter which occur during the course of a special event, including during its set up and clean up.
   Such regulations shall include establishing specified areas within, or reasonably near the perimeter of, the grounds of a special event to which performers shall be limited, and such other restrictions as are reasonably necessary to ensure attendees' enjoyment of planned events, protection of unique public art and landscapes, and public safety and welfare.  Copies of such regulations shall be published and made available both in advance of and at the location of the special event.
(Added Coun. J. 5-9-12, p. 27485, § 127; Amend Coun. J. 11-8-12, p. 38872, § 128)

How to be a Street Performer in Nashville


How to Be a Street Performer in Nashville
by Sue Basko

UPDATE: May 31, 2014: Street performers in Nashville told me today that police are now enforcing a rule of No drums, No amplifiers, No Saxophones, No stools.  I am not sure if these are new rules or enforcement of existing sound ordinances and sidewalk encroachment ordinances.  I await more info.  

See the 2013 Sound Ordinance down below.
* * * * * 
Street performers are legal in Nashville, but you cannot sell anything unless you first get a street vendor's permit. Also, you cannot put up a sign or table or cart or any other thing that blocks the sidewalk or that might obstruct visibility for car drivers.

Also, you cannot create a nuisance, which means you cannot make any noise or bring any animals or do anything else that "shall be or become offensive, or injuriously affect the comfort and safety of persons using such street, alley or sidewalk."

Also, no performers of any kind are allowed in parks without a special parks permit. I find the detailed wording on that part of the law to be amusing:


13.24.150 Exhibitions and contests.
A. No person shall erect any structure, stand or platform, exhibit any dramatic performance or the performance, in whole or in part, of any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy, dancing, entertainment, motion picture, public fair, circus, juggling, rope-walking or any other acrobatics or show of any kind or nature, or parade, drill or maneuver of any kind, or run or race any or maneuver of any kind, or run or race any horse or other animal or being in or on a vehicle, horse or other animal or being in or on a vehicle, race with another vehicle or horse whether such race is founded on any stake, bet or otherwise, or hold any athletic contest, in any park except in accordance with the rules and regulations of the board.
So remember -- Keep out of the Nashville parks with your opera, juggling, farce, rope-walking, and minstrelsy.

How about amplifiers?

UPDATE May 30, 2014: See the 2103 Sound Ordinance down at bottom of this page.  

You cannot take anything onto the sidewalk or street that creates any noise that is offensive or that affects the comfort of others. What is this likely to mean? It is likely to mean that if you position yourself on a commercial street not near any residences, churches, or schools, and play music that most people would consider pleasant, and not too loud, you will likely be okay. If you push the boundaries, you are likely to be asked to leave or fined. Keep in mind that municipal police have the right to arrest violators. If you are told to stop doing something and you do not want to be arrested, stop doing it. Here is the nuisance section of the law:

13.32.110 Public nuisances prohibited.
No person shall take, carry, expose or place in or upon any street, alley or sidewalk any substance, animal or thing which is or is likely to become a public nuisance, or which shall imperil the life, health or safety of any person who is or may properly be in or on such street, alley or sidewalk or which, through the giving off of odors or noises, shall be or become offensive, or injuriously affect the comfort and safety of persons using such street, alley or sidewalk. (Prior code § 38-2-21)
The section of the municipal law relating specifically to street performers:
ENACTED 09/15/1998



ORDINANCE NO. O98-1191
AN ORDINANCE TO REGULATE TEMPORARY SIDEWALK ENCROACHMENTS BY STREET VENDORS, SIGNS AND PERFORMERS.

WHEREAS, the primary purpose of the public streets, sidewalks, and other public ways is for use by vehicular and pedestrian traffic;
WHEREAS, vending and commercial displays on such public ways promotes the public interest by contributing to an active and attractive pedestrian display;
WHEREAS, street performers contribute to the unique character of the city and promote the cultural and artistic heritage of the city;
WHEREAS, reasonable regulation of any temporary encroachment on public ways is necessary to protect the public, health, safety, and welfare; and
WHEREAS, the regulations contained herein are not intended to prohibit or hamper speech which is protected by the First Amendment, but merely to regulate specific activities to ensure that the public ways remain safe and useful for their primary purpose and are attractive to tourists and the public.

NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1: That Chapter 13.08.040 of the Metropolitan Code of Laws is hereby amended by deleting the existing language, and by substituting in lieu thereof the following:
    1. No person shall stop, stand or park any wagon, pushcart, automobile, truck or other vehicle, or erect any temporary stands, signs or otherwise, upon or within any public property of the metropolitan government for the purpose of selling or offering for sale any goods, food, wares, merchandise or products of any kind, nor shall any person sell or offer for sale, upon or within any public property of the metropolitan government, any goods, food, wares, merchandise or products of any kind. The prohibitions contained in this subsection shall not affect or apply to any agreement with, or the written approval of, the respective department, board, agency, officer or other person having control or custody of that particular property. (Ord. 91-114 § 1, 1992)
    2. 1. It is unlawful for any person to obstruct any public way, including alleys, roadways, sidewalks and streets as defined by Sections 12.04.010, 12.04.315, 12.04.335, and 12.04.375 of the Metropolitan Code, except as authorized by law. This subsection shall not apply to:
    1. Any street vendor operating with a proper license or permit issued by the county clerk under subsections (A)(3) and (4) of this section that satisfies this ordinance.
    2. Vendors exclusively engaged in the sale of newspapers, magazines, periodicals or other such written items provided that the requirements for clearance at intersections set forth at Section 13.12.190 are satisfied and who do not utilize a cart, wagon, or any other mobile device or vehicle to sell such written materials.
    3. Solicitation of donations by a non-profit organization or the sale of merchandise by a non-profit organization which constitutes, carries or makes a religious, political, educational, philosophical or ideological message or statement related to the purpose of the non-profit organization.
    4. Produce sellers licensed pursuant to the provisions of Chapter 6.104.
    5. Persons to whom a privilege has been extended under the provisions of Section 13.36.020 allowing them to come upon or take any position upon the area of the curb market or the auxiliary curb market.
    6. In conjunction with, and as part of, an organized program of conventions, professional meetings, seminars and other similar events, any individual distributing free samples of goods from his or her person or vendors, merchants, exhibitors and salesmen who exhibit, demonstrate, or solicit orders for goods at any such event.
    7. These exceptions shall operate to create a privilege and not a franchise or license. In the event the exceptions stated in this subsection are repealed or otherwise revoked, the provisions of this ordinance shall then apply and any wagons, pushcarts, stands, signs, displays and any news and literature distribution racks no longer excepted shall be removed at the owner’s expense.
    1. Definitions. Within the meaning of this section, these terms shall be construed as follows:
a) "Commission" shall mean the Metropolitan Traffic and Parking Commission.
    1. "To obstruct" shall mean to so occupy the public ways so that the free use and enjoyment thereof by the public is in any way interrupted or interfered with, or such that the free ingress and egress to or from any building fronting on any public thoroughfare is impaired.
    2. "Public way" shall mean all areas legally open to public use and used and/or intended for vehicular or pedestrian traffic, including public streets, alleys, sidewalks, and roadways, but excluding any public property of the metropolitan government.
    3. "Public property" shall mean all property, real and personal, belonging to the Metropolitan Government, excluding that which is used and/or intends for use by vehicular or pedestrian traffic and defined herein as a public way.
    4. "Street vendor" or "vendor" shall mean any individual, including an employee or agent of a group of individuals, partnership, or corporation, who sells, or offers to sell services, food, beverages, goods, or merchandise on any public way whether such activity involves the sale of such items from the vendor’s person or by use of a stand.
    5. "License" or "permit" shall mean the form issued by the County Clerk evidencing that the vendor is allowed to sell or offer to sell goods and services on the public way.
    6. "Stand" shall mean any table, tarp, display, bench, booth, rack, handcart, pushcart, wagon or any other fixture or device which is not required to be licensed and registered by the department of motor vehicles, and is used for the display, storage, or transportation of food, beverages, goods or merchandise on any public way.
    7. "Special event" shall mean any occasion officially recognized by the Mayor’s Office of Film and Special Events including, but not limited to fairs, shows, exhibitions, municipality-wide celebrations, festivals and other similar events, within a specifically defined area of the municipality for a specified period of time.
    8. "Business" or "property owner" shall mean any individual, including an employee or agent of a group of individuals, partnership, or corporation who is a tenant in or who owns property abutting the public way.
    9. "Pedestrian" shall mean a person who is walking or otherwise traveling on the public way.
    10. "Sign" or "sandwich board" shall mean any portable sign used to convey information of a commercial nature.
    11. "Street performance" shall mean any theatrical, musical, visual, or other presentation for entertainment purposes on the public way. "Street performer" shall mean any person or group of persons who conducts a street performance.
    12. Distance - All measured distances and distance requirements addressed in this regulation shall be distances measured in a straight line from the nearest edge of the vendor’s stand or sign to the nearest edge of the object from which the sign or stand is to be distant.
    1. It is unlawful for vendors of goods or services not meeting the exception in subsection (A) (1)(a) above to sell, display, or offer for sale any food, beverage, goods, or merchandise on a public way before acquiring a street vendor’s permit from the County Clerk. To acquire a permit, a vendor shall apply for a permit from the County Clerk and must provide all information, on a form supplied by the County Clerk, necessary to determine whether a particular permit may be issued.
    1. The application must include, but is not limited to, the vendor’s full name, home address, permanent business address (if any), telephone number, driver’s license number, three copies of a current full-face photograph of vendor, three current full-face photographs of each of vendor’s employees, proof of identity for each vendor and/or employee and proof that any other required permits or authorizations have been obtained.
    2. The application shall also state a brief description of the nature and character of the food, beverages, goods or services to be sold and shall be accompanied by a photograph of the vendor’s stand(s).
    3. If the vendor is employed by or is an agent of another, the application shall state the name and business address of the principal or hiring person, firm, association, organization, company or corporation.
    4. Vendors with multiple stands, displays, carts, wagons or any other means by which to offer goods or services to the public must procure a permit for each space occupied.
    5. Vendors not holding a general vending permit who wish to offer goods and services to the public in conjunction with any special event shall apply for a temporary vending permit.
    6. Any vendor engaged in the sale of food or beverages must, in addition to the above requirements, comply with the following:
    1. Vendors of food and beverages shall be required to maintain a health permit from the local health department in addition to the general vending permit. Upon application for the general vending permit, vendors of food and beverages shall have their applications forwarded to the health department for approval and shall submit their equipment for inspection.
    2. Upon approval by the local health department, the food and beverage vendor shall be subject to inspection by local health department officials as provided for by law at periodic intervals.
    1. The application must include a provision indemnifying and holding harmless the Metropolitan Government from any and all claims arising out of the vendor’s operation. Applicant must provide the Mayor’s Office and Special Events with a copy of a certificate of liability insurance with a minimum coverage of one million dollars ($1,000,000). The policy must name The Metropolitan Government of Nashville and Davidson County as additionally insured. Certificate must accompany the application.
    2. Any intentional misrepresentation on the application by a vendor shall constitute grounds for denial, suspension or revocation of a permit.
4. At the time of application, a vendor shall pay an annual permit fee of $100.00. Vendors seeking a temporary vending permit shall pay a fee of $25.00. No vendor shall be permitted to obtain any temporary permit(s) authorizing vending in excess of ten (10) days, cumulatively, during any twelve (12) month period. Any vendor who wishes to conduct operations for more than ten (10) days per year must obtain a general vending permit.
    1. Application Processing.
    1. Upon receipt of an application, the County Clerk shall:
    1. Ensure the application is complete. Applications which are not complete shall be denied and returned to the applicant.
    2. Ensure that all fees have been properly paid and that a Certificate of Insurance has been provided. Applications for which all applicable fees have not been paid or which do not contain a Certificate of Insurance shall be denied.
    3. Determine whether the applicant has been convicted of violation of this ordinance during the twelve (12) month period preceding the application. If the applicant has been convicted of three (3) or more violations of this ordinance during the preceding twelve (12) months, the application shall be denied.
    4. Ensure that vendors offering foods or beverages have obtained all necessary licenses, permits, and/or inspections in accordance with subsection 1(B) (3)(F) herein. If the required permits, licences and/or inspections have not been obtained, the application shall be denied.
    5. Take reasonable steps to verify the truthfulness of the information provided on the application. Applications found to contain false information shall be denied.
    6. If the application is for a temporary permit, determine the number of previous temporary permits obtained during the previous twelve (12) months. No more than ten (10) temporary permits may be issued during any 12-month period. Applications requesting temporary permits in excess of this number shall be denied.
b)The County Clerk will notify the vendor in writing of the decision to issue or deny the permit and, if denied, the reason for denial. The County Clerk will provide the notification as soon as is practicable, but in no case shall notification occur later than thirty (30) days after the filing of a properly completed application. In the event an application has not been granted or denied within thirty (30) days from receipt for filing, an interim permit, renewable at ten (10) day intervals, shall be issued to the applicant. Additional interim permits shall issue until such time as the application is granted or denied. The permit shall be valid for one (1) year after issuance and shall be renewable upon expiration in each subsequent year so long as the vendor remains in good standing and has been convicted for no more than three (3) violations of this ordinance in the previous 12-month period. In the event that a vendor is denied a permit, either upon application or at renewal, the vendor shall have an opportunity to appeal the denial as described in subsection (C)(4).
6)Restrictions. The granting of a permit confers a privilege, not a franchise or license. A permit does not guarantee a particular space or that any space or particular space will be available.
    1. The sale of goods or services by street vendors is limited to the CC and CF zoned districts.
    2. Sales of goods or services by vendors on roadways or streets is prohibited and no sales from vendors to vehicles on the public roadways shall be permitted.
    3. Each street vendor must prominently display the permit, in addition to any Business Tax License the vendor may be required to possess, and if a vendor of food or beverage, the health permit must also be prominently displayed. I.D. badges issued by the County Clerk are to be worn at all times by vendors and their employees and are not transferable. Vending operations in violation of this provision shall be ordered removed until the deficiency is corrected.
    4. Vending at the Nashville Convention Center, the Municipal Auditorium, and the Nashville Arena shall be in compliance with the more particular regulations set forth in the Metropolitan Code at Chapter 6.32.
    5. Street vendors operating on the public way agree to indemnify and hold harmless the Metropolitan Government from any cause of action arising from the operation of the vendor.
    6. Street vendors operating within the CC and CF districts in the area on Second Avenue, between Broadway and Church Street, and on Commerce Street, between Second and Third Avenues, are subject to the additional restriction that they must be located only in marked spaces, a map of which is available from the County Clerk. These spaces will be occupied on a first come first serve basis. Spaces shall not be assigned or reserved in any manner.
    7. The owner of any wheeled and mobile vehicles, temporary stands, signs or displays or racks shall gain no right to compensation by virtue of being forced to move to allow access to utilities, regardless of the length of time incurred thereby. Nothing herein shall be construed to prohibit or otherwise affect the practice of vending on any public roadway, street or sidewalks during the course of any event as defined in Section 2(h) hereof for which the Metropolitan Government has given its official written permission to close or otherwise alter the normal, everyday use of any public roadway, street or sidewalk for a specified, limited period of time.
    8. Permits are non-transferable.
    9. The sale of fresh produce shall be in compliance with the more particular regulations set forth in Chapter 6.104.
    10. The operation of the Curb Market and Auxiliary Curb Market shall be in compliance with the more particular regulations set forth in Chapter 13.36 of the Metropolitan Code.
    11. The Commission shall have the authority to publish and enforce such other regulations related to vending, street performers, and other temporary sidewalk encroachments as shall be necessary to effectuate this ordinance and to ensure the free flow of pedestrian and vehicular traffic and to ensure the safety of the public.
C.Suspension, Revocation or Denial of Permits.
1.Any permit issued under this ordinance may be suspended or revoked by the Commission for any of the following reasons:
    1. Fraud or misrepresentation in the application for the permit; or,
    2. Fraud or misrepresentation in the course of conducting the business of vending; or,
    3. Conducting the business of the vending contrary to the conditions of the permit and/or these regulations; or,
    4. Conducting the business of vending in such a manner as to create a public nuisance or to constitute a danger to the public health, safety or welfare; or,
    5. Cancellation of health department authorization for food or beverage vendors.
    1. The Commission shall consider the following factors in determining whether a permit should be suspended or revoked:
    1. The number of citations for violation of this ordinance previously received by the vendor; and
    2. The number of previous suspensions and/or revocations imposed upon the vendor; and
    3. The number of occasions for which the vendor’s permit was subject to suspension or revocation and was not suspended or revoked; and
    4. The seriousness of the violation or misrepresentation and the danger to the health and/or safety of the public presented by the vendor’s misrepresentation, noncompliance and/or misconduct; and
    5. Whether or not the condition subjecting the vendor to suspension or revocation is of a nature that has been or can be corrected.
3. Upon suspension, revocation or denial of the issuance of a permit, the Commission shall deliver written notice to the permit holder or applicant stating the action taken and the reasons supporting such action, and the right to reconsideration of that decision as set forth below. The written notice shall be delivered to the permit holder’s or applicant’s place of business or last known address. Placement of such notice in the U.S. mail shall constitute delivery. A permit which has been suspended shall remain suspended until such time as the condition causing the suspension has been corrected to the satisfaction of the Commission. A permit which has been revoked shall remain revoked for one year following the date of revocation. No vendor whose permit has been suspended or revoked may apply for a new permit during the period of suspension or revocation.
4.Any permit holder or applicant whose permit is suspended or revoked or whose application for a permit is denied may within fifteen (15) days of the date of that action notify the Commission that the permit holder or applicant desires reconsideration of that decision. A hearing of the request shall be scheduled for the next regular meeting of the Commission. The suspension or revocation shall remain in effect pending the hearing. At the hearing, the permit holder or applicant will be afforded an opportunity to be heard and to present facts and witnesses on his own behalf. The permit holder shall not be entitled to an adversarial hearing or to examine any witness except those the permit holder may present on his or her own behalf.
    1. Renewals.
    2. Permits may be renewed, provided an application for renewal of the permit and the required fee are received by the County Clerk no later than the date of expiration of the existing permit and provided that the vendor has no more than three (3) violations of this regulation within any twelve-month period. A vendor whose permit has been revoked may submit an application upon the expiration of the revocation. Applications received after that date shall be processed as new applications. The Commission shall review each renewal application to ensure that the vendor is in full compliance with the provisions of this regulation. If the Commission determines that the vendor has complied with the above requirements, the Commission will renew the permit for one year.
    3. Penalties
    1. Any person who offers merchandise for sale in violation of this regulation or who violates any other provision of this regulation shall be punished as follows:
Fines:
1. First Offense $250
2. Second Offense $350 (within one (1) year of the first offense)
3. Third Offense $500 (within one (1) year of the first offense)
4. Fourth offense and all subsequent offense $500 (regardless of the time period since the third or last offense)
All fines paid pursuant to this section will be deposited into the General Fund of the Metropolitan Government.
2.The permit of any person who offers merchandise for sale in violation of the regulation or who violates any other provision of this regulation may be suspended. The permit of any person who seriously endangers the health and/or safety of the public by misrepresentation or violation of this regulation or who is convicted of three (3) or more violations of this regulation during any twelve (12) month period shall be revoked.
SECTION 2:That Chapter 12.40.160, Chapter 6.76.070, and Chapter 6.104.050 of the Metropolitan Code of Laws is repealed.
SECTION 3: Should any court of competent jurisdiction declare any section, clause or provision of this Ordinance to be unconstitutional, illegal or unenforceable for any other reason, such decision shall affect only such section, clause or provision so declared unconstitutional, illegal and unenforceable, and shall not affect any other section, clause or provision of this Ordinance, it being the intent of the Metropolitan Council that all other provisions of this Ordinance remain in full force and effect.

SECTION 4: That this Ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

* * * ** * ** ** ** ** * *

Nashville Sound Ordinance

11.12.070 Excessive noise.

A.
Except for properties lying within an area zoned DTC district and properties zoned CF district that are contiguous to those zoned DTC district, it shall be unlawful for any person to:
1.
Operate or allow the operation of any sound amplification equipment so as to create sounds that are plainly audible from the boundary line of the nearest residentially occupied property. For multifamily structures, including apartments, condominiums, or other residential arrangements where boundary lines can not readily be determined, it shall be unlawful to operate or allow the operation of any sound amplification equipment so as to create sounds that are plainly audible from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially occupied property. For purposes of this section, "sound amplification equipment" means a radio, tape player, compact disc player, digital audio player, television, electronic audio equipment, musical instrument, sound amplifier, or other mechanical or electronic sound-making device that produces, reproduces or amplifies sound. This subsection shall not apply to a special event, mass gathering or other permitted activity by the metropolitan government or its boards or commissions. Further, the provisions of this section shall not apply to entertainment facilities constructed to provide outdoor entertainment owned by metropolitan government or its agencies and parks under the control of the board of parks and recreation. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses.
2.
Operate or allow the operation of any sound amplification equipment for advertising purposes or otherwise to attract customers so as to cast sounds which are unreasonably loud and disturbing or which are plainly audible at or on the boundary of the nearest public right-of-way or park. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses.
3.
Operate or allow the operation for personal use of any sound amplification equipment on the public right-of-way, including streets or sidewalks, or in parks under control of the board of parks and recreation, so as to produce sounds that are plainly audible fifty feet or more from any electromechanical speaker. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses.
B.
The provisions of this subsection B. shall be applicable for properties lying within an area zoned DTC district and properties zoned CS district that are contiguous to those zoned DTC district:
1.
Except as provided in subsection B.5. of this section, it shall be unlawful to operate or allow the operation of any amplification device mounted to the exterior of a building or structure, or to operate such device outside of the premises.
2.
It shall be unlawful for interior speakers of an establishment during business operating hours to be aimed or oriented toward the exterior opening of a building, when said speakers produce sounds registering more than eighty-five Decibels (A weighted), as measured at street level fifty linear feet from the outside wall of the structure within which the noise is produced. Other than during business operating hours, it shall be unlawful for any establishment to operate or allow the operation of interior speakers producing sounds registering more than seventy Decibels (A weighted) at or on the boundary of the nearest public right-of-way or park. For purposes of this subsection, "business operating hours" means the hours during which an establishment is open to customers or patrons.
3.
All prerecorded music shall be limited to the 85 Decibel limit (A weighted), regardless of the source including, but not limited to: vinyl records, compact disks, digital video disks, digital audio players, hard drives, solid state memory, tape drives, radio sets or television sets. Such sound measurement shall be taken at street level fifty linear feet from the outside wall of the structure within which the noise is produced. Notwithstanding the foregoing, live music is expressly exempt from the 85 Decibel limitation. Live music shall mean that musicians, instruments and singers will not be prerecorded.
4.
If a commercial operation functions primarily as a dining establishment with outside seating, that establishment shall be exempt from the speaker prohibition but must limit the sound output to 85 Decibels (A weighted), as measured at street level fifty linear feet from the property line of the dining establishment from which the noise is produced.
5.
The following shall be exempt from the provisions of subsection B.1. above:
(a)
Special events, mass gatherings, or other permitted activities by the State of Tennessee or the metropolitan government or any of its boards or commissions;
(b)
Entertainment facilities constructed to provide outdoor entertainment owned by the State of Tennessee, the metropolitan government (or its agencies), or the parks under the control of the State of Tennessee or the metropolitan board of parks and recreation;
(c)
Churches or facilities used for religious worship.
C.
Motor vehicle noise. It shall be unlawful for any person to:
1.
Operate any motor vehicle that is not equipped with a muffler in good working order and in constant operation to prevent excessive noise.
2.
Operate a motor vehicle equipped with a cut-out, by-pass, or similar muffler elimination unit, or to operate a motor vehicle with devices that amplify motor noise or motor vehicle exhaust noise.
3.
Operate a motor vehicle if the exhaust noise is plainly audible at two hundred feet. For purposes of this subsection, "plainly audible" means the detection of the sound of a muffler or of an exhaust by a person using his or her unaided hearing faculties.
D.
No person operating or occupying a motor vehicle on any street, highway, alley, parking lot, or driveway, either public or private property, shall operate or permit the operation of any sound amplification system, including, but not limited to, any radio, tape player, compact disc player, loud speaker, or any other electrical device used for the amplification of sound from within the motor vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle or, in the case of a motor vehicle on private property, beyond the property line. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard, by unimpaired auditory senses based on a direct line of sight of fifty or more feet, however, words or phrases need not be discernible and said sound shall include bass reverberation.
E.
Except for properties lying within an area zoned DTC district and properties zoned CF district that are contiguous to those zoned DTC district, no person or persons owning, operating, or having the care, custody, or control of any facility located within fifty feet of a residence and/or of a natural conservation area shall permit to be operated any musical instrument or other entertainment device using amplification unless such music or other entertainment is provided within a totally enclosed structure. Such music or other entertainment may be provided outside of a structure only between the hours of seven a.m. and eleven p.m., except when exempted under provisions of the code as a special event, mass gathering or other permitted activity by metropolitan government or its boards or commissions. The provisions of this section shall not apply to entertainment facilities constructed to provide outdoor entertainment owned by metropolitan government or its agencies and parks under the control of the board of parks and recreation.
F.
Outdoor entertainment events within the downtown area.
1.
No person shall operate an outdoor music and/or entertainment event that produces amplified sound which registers more than eighty-five Db(A), as measured from any point within the boundary line of the nearest residentially occupied property at the street level.
2.
The provisions of this subsection shall only apply to (a) properties lying with an area zoned DTC district and properties zoned CF district that are contiguous to those zoned DTC district; (b) properties lying within an area bounded by properties fronting Music Square West and 17th Avenue South from Division Street to Edgehill Avenue; (c) properties along the north portion of Edgehill Avenue between 17th Avenue South and 16th Avenue South; (d) properties fronting 16th Avenue South and Music Square East between Edgehill Avenue and Division Street; (e) properties lying within an area fronting on the east side of 21st Avenue South from Scarritt Place to Edgehill Avenue; and (f) the properties fronting on the north side Edgehill Avenue to 17th Avenue South.
G.
Commercial noise.
1.
No person or persons owning, operating, or having the care, custody, or control of any business or commercial facility shall be permitted to operate any equipment, vehicles, or heavy machinery incident to performing business or commercial functions, or engage in any other business or commercial activity between the hours of 9:00 p.m. and 6:00 a.m. which would emit, cause to be emitted, or permit the emission of any noise in excess of seventy Db(A) as measured from a point as close as possible to the outside walls of any residential structure located within a residential zoning district affected by the noise at a height of four feet above the immediate surrounding surface.
2.
For business or commercial facilities located within the DTC and CF zoning districts, no person or persons owning, operating, or having the care, custody, or control of any business or commercial facility shall be permitted to operate any equipment, vehicles, or heavy machinery incident to performing business or commercial functions, or engage in any other business or commercial activity between the hours of 9:00 p.m. and 6:00 a.m. which would emit, cause to be emitted, or permit the emission of any noise in excess of eighty-five Db(A) as measured from a point as close as possible to the outside walls of any residential structure located within a residential zoning district affected by the noise at a height of four feet above the immediate surrounding surface.
H.
Prohibitions contained in this section shall not be applicable to emergency or public safety vehicles, vehicles owned and operated by the metropolitan government or any utility company, for sound emitted unavoidably during job-related operation, or any motor vehicle used in an authorized public activity for which a permit has been granted by the appropriate agency of the metropolitan government.
(Ord. BL2011-65 § 1, 2012; Ord. BL2009-587 § 2, 2010; Ord. BL2008-306 § 2, 2009; Amdt. 1 to Ord. BL2008-259 § 2, 2008; Ord. BL2008-259 §§ 1, 2, 2008; Amdt. 1 to Ord. BL2006-1138 § 1, 2006; Ord. BL2006-1138 § 1, 2006; Ord. 2002-1061 § 1, 2002; Ord. 2001-772 § 1, 2001; Amdts. 1, 2 to Ord. BL2000-378 §§ 1, 2, 2000; Amdt. 1 to Ord. 93-724, 8/3/93; Ord. 93-724 § 1, 1993; Ord. 88-508 § 1, 1988; prior code § 29-1-54)



For information on street performing/ busking in other places:



Los Angeles - includes Venice, Venice Beach

NASHVILLE:

Real Life Stories

Lettuce entertain you.  
Real Life Stories 
by Susan Basko, Esq.

Real life stories are popular for movies and books.  This article is about real life stories based on living people.  For such a story to be marketable, the person usually has to have some newsworthy thing happening in their life and some name presence in the media.  The catch to this is that if a person is appearing in the news for a certain topic, then anyone can write a book or screenplay based on what is in the news.  Many real life movies are based on long magazine style news articles.  One cannot base a book or movie on someone else's magazine article without their permission, because that violates their copyright.  The same goes with a book: to make a movie of it, you need permission from the author.

When a book or movie is made based on one person's life story, that person's permission may not be needed if the person is in the news. However, such a story cannot delve into topics that are not in the news, as that is a violation of privacy rights.  Therefore, many movie and book stories are written with the participation of the subject.  And they are often based on a lengthy, well-researched article.  Such articles are copyright protected and if someone other than the authors were to create a screenplay based on a magazine style article, they would be sued for copyright infringement for creating a derivative work.

How does the subject of the book or movie make money?  There are several ways.  On a book, the subject can be a co-author or advisor.  On a movie based on an article, the subject can act as a consultant on the movie. However, to get such a contract, the subject has to really exert effort.  Since no movie wants bad publicity, and since making a move for millions of dollars while the subject is not being paid, is bad publicity.   If the subject of the movie has special knowledge that will make the movie more realistic, it is easier to get a consulting position.  However, a film director usually does not want the subject present on the film set and does not want to give the subject any creative control.

A big consideration in real life stories are the other people in the story.  Most times, those people are fictionalized, with their names and details changed.  Often several real life characters will be combined into one.  However, if there is a real life person who is identifiable as a character in the movie or book, it is usually best to get their permission and approval of the way they are portrayed.  Failure to do so on a private person (not a public figure) will almost surely result in a lawsuit.

Companies often want to acquire optional rights to create any form of media, in case the story has legs. That might include the optional right to create a book, a movie, a TV show, and to license merchandise of any form.

Other times, only movie rights will be acquired.  This often happens by taking an option on a well-researched, lengthy news magazine article.  An option is the right to purchase the story for a set amount of time for set amount of money.  For example, an option might cost $5000 and give the right to buy the story for $100,000 any time in the next six months. That is just an example.

Film companies option far more stories than they will ever make into movies. Some companies might buy an option to keep that story away from the competition, with no intention of making a movie. This is why it is a good idea to bargain for a high option price for a short period of time. This separates those who are seriously interested in making a movie versus those who are looking to stockpile options.

When getting an initial option, the writer(s) and subject should each be represented by their own lawyers. There are so many considerations, including price on option, price on story, obligations, creative control, ability to approve or disapprove of a character portrayal, consulting, credits, perks.  And so much more.   If the subject is involved in creating the story or getting the option, they should look to protect not only their own image, but those of their family and friends. Respecting the dignity and privacy rights of other real life people named in the story is of utmost importance. Generally, a waiver and permission should be signed by each such person, if they will give it.  This usually must be purchased from each person.  Either that, or the characters must be deeply fictionalized so they are not recognizable, and their names changed.  That does not work with characters who are family members of the main real life character.  For those, portrayals must be done carefully and with great respect and a waiver must be gotten.  Otherwise, the story must be adjusted.

 People love real life stories.  The object is to tell a good story without harming anyone.  All sorts of considerations belong in the option. Those considerations will transfer over to the purchase contract.  If you are the writer or the subject, you cannot option and then wait till the contract or till the movie is in production to start making demands for creative control.  What you need must be spelled out from the get go.  Do  not try to do this without a knowledgeable lawyer.

Some people ask if a writer or subject will be given a percentage of "piece of the picture."  A writer who is sought after may have leverage to bargain for this. Most other writers do not.  The subject of a movie is rarely in a position to ask for a percentage.  In most cases, if the story has been in the news, anyone can make a movie about it.  The subject will be bargaining hard to be paid to consult and for other protections and perks.