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How Should Noise Ordinance Be Applied to This Music Venue?

By Samantha Joseph
February 01, 2017

Noise ordinances are often the bane of live performances venues. A jazz brunch in Miami Beach has sparked litigation between the city and a cafe owner with an interesting twist over the constitutionality of the city's noise ordinance.

Parisian-style cafe Bakehouse held a jazz brunch in January, the second of a weekly feature planned for the venue that opened in November in Miami Beach's affluent South of Fifth neighborhood. The company hired a saxophonist to play for about four hours from 11 a.m. to 3 p.m. to create a “tasteful, chic and warm ambience,” with the musician playing indoors at “reasonably low” volume without amplification. But about 90 minutes into the performance, a city compliance officer abruptly stopped the music and issued a citation, according to an amended federal complaint the restaurant owner has filed. Bake House SB LLC v. The City of Miami Beach, 1:17-cv-20217 (S.D.Fla.).

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