Live music in legal limbo at local venue

Jan 8, 2014

The difference between the words music, bands, performing arts and concerts might seem like semantics but it could have all too real consequences for the owners of Buzzards Play Productions in East Wareham.

The board of selectmen approved the sale of beer and wine on Jan. 10, 11, 13, 18 and 25 from 7 p.m. to midnight inside the venue at 3065 Cranberry Highway.

When asked by Selectman Steve Holmes what type of events would take place on these evenings, Frank Rogers, who co-owns the non-profit Buzzards Play Productions with his wife Janice, responded that some evenings would feature "music with bands coming in."

The word "bands" struck a chord with Town Attorney Rich Bowen.

"I'm sure you have an entertainment license for the theatrical productions, but when you mention bands that begins to move it into a -for lack of a better term- different arena," he said.

"It sounds like we're turning it into a barroom with bands playing," Holmes said.

But concerts have been held at the venue under the name "3065 Live" for years. Performances have ranged from local rock bands to former "X-Factor" star Jillian Jensen.

Janice Rogers said that when she fills out the the entertainment license for the venue, live music is included within the license.

"We've been doing this for three years, nothing has changed," she said. "That's why we named it 3065 live, we're a live performing arts venue."

Bowen said that when applying for a license the applicant has to specify what type of entertainment will be provided so the licensing authority knows what they're approving.

"God forbid you're in this theater and there's a band playing and people are drinking and it gets out of hand. Our police department doesn't know you're having basically a concert there and they're not prepared," Holmes said.

If the license isn't broad enough to cover live music, Bowen suggested Rogers apply for a separate license or amend his current one as soon as possible.

"There's a significant question as to whether your license as it stands now would authorize you putting on bands. If you went ahead and put on an unlicensed activity, it would be illegal," Bowen said.