Providence City Council President Rachel M. Miller has put on hold a proposal to loosen music and dancing restrictions at restaurants citywide after some residents expressed fears about increased noise, but restaurant owners say they’ll continue to lobby for changes, insisting that they need them to attract customers.
Miller had proposed rewriting an ordinance on “incidental entertainment” so that live music – and dancing by patrons – would no longer require an entertainment license at establishments citywide, as long as there was no cover charge, disc jockey or flashing lights. And the music would be allowed with outdoor dining, but only until 9 p.m.
Right now, only background music is allowed at restaurants without a permit, either from a pre-recorded playlist or from a maximum of three acoustic instruments.
After a public hearing for the amended ordinance was canceled on Dec. 4, Miller announced she was putting the proposal on hold, saying she would work with businesses and residents to develop a new plan in the coming months.
Proponents of the revisions to the entertainment rules contend that they would be a boon to the local hospitality sector and would reduce confusion over the enforcement of incidental entertainment regulations.
But the plan has pitted business owners against some residents and neighborhood groups in sections of the city where there are clusters of restaurants. The opposition includes state Sen. Sam Bell, whose District 5 includes the commercial corridors of Federal Hill.
Bell says the changes would have allowed restaurants to operate like nightclubs without tighter law enforcement. “It makes it easy to have a full-blown club under a restaurant license,” Bell said.
In addition, he says the amendments would have weakened important regulations on events, allowing establishments to host events with music under an entertainment license – instead of requiring a temporary use permit. It also would have eliminated several criteria for allowing events, including considering the effect of noise on neighbors.
Some residents expressed similar concerns.
Lily Bogosian, president of the Fox Point Neighborhood Association, says noise regulations are rarely enforced, and the risk of “nuisance exponentially grows as the city embraces bigger developments.”
“Residents in an urban environment deserve a limited spectrum of noise by right, and as Federal Hill residents can attest, we surpassed those levels long ago,” Bogosian said in a statement.
Miller, whose ward includes part of downtown and Federal Hill, said she agrees that the city continues to have issues with recorded music played too loudly and she has been “vigilant about working with residents and businesses to enforce the city's noise ordinances."
Miller said one of her goals with the initial proposal was to make it easier to “celebrate our vibrant food and music scenes."
“This ordinance regulates mood setting, ambiance entertainment – something that you enjoy alongside an excellent meal,” she said in a statement. “By and large, residents would not feel major changes in their lives due to the ability to have a microphone or guitar plugged into an amplifier as part of incidental music in a restaurant.”
Rick Simone, president of the Federal Hill Commerce Association and managing director of the Rhode Island Small Business Coalition, says the proposal would even the playing field for restaurants throughout the city.
Currently, restaurants in certain areas are allowed to provide live music and hold events and others aren't. Having all zones within the city under the same regulations could make enforcing violations – including noise violations – easier, Simone says.
“Providence needs to be a friendly destination not just during the day but at night too,” he said.
Before the amended ordinance was paused by Miller, it received the recommendation of the City Plan Commission with one stipulation: that incidental entertainment be prohibited outdoors.
Meanwhile, Mayor Brett P. Smiley’s office has taken a neutral stance as the ordinance amendment continues to evolve.
“We will continue to review the details of this proposal as it moves through public hearings, ensuring it aligns with our goals of supporting local businesses while maintaining quality of life for our neighbors,” Samara Pinto, a spokesperson for Smiley said.
In a letter to the city, Angel Winpenny, owner and president of the restaurant The Patio on Broadway, said amplified music is important for hosting events and themed evenings during slower periods and attracting customers who want a livelier experience.
"Without this, we risk losing business to places that offer the vibrant ambiance people now expect," Winpenny said.
(Clarification: An earlier version of this story characterized the ordinance change on music and dancing as withdrawn. A spokesperson for Providence City Council President Rachel M. Miller said the ordinance proposal is "on pause" and still in committee.)
