The following contains editorial opinion. 

Bridgeport venue Music on Main announced its closure which will occur this June. Owner, Jackie Brown, made the news official on social media yesterday, citing several reasons including stricter enforcement of a city code by Bridgeport tax officials. The post on the Music on Main Facebook stated “After thinking on this for a while, Music on Main will be closing its doors in June. This decision came after receiving an email from the City of Bridgeport wanting all performers to file for a city business license. I have always wanted this business venture to work and have tried to bring new local talent to the city for your enjoyment. I’ve spoken to many artists in the area and this would greatly impact who would even want to come and perform here. Our last show will be the first weekend in June.” 

The announcement has spurred sound waves of opinions online, with fans, musicians who’ve graced the stage and concerned residents all expressing their dismay. However, much of the online discourse has been filled with confusion. To get a clearer picture, Born & Bred has sought comment from both Music on Main and City Officials.

Questions revolved around multiple facets of the announcement and the corresponding ordinance. A summary of the ordinance found on the city’s website states: 

“Bridgeport City Council passed an ordinance effective July 1, 2009 which changes the type of license required to do business in Bridgeport under the new ordinance. Any activity conducted for income is considered to be a business. In order to conduct business in the municipal limits of the City of Bridgeport, you must first contact the Tax & Licensing Division to obtain a Municipal Registration Certificate. There is a flat fee of $15.00 for all business activities with the exception of those requiring license with the State Alcoholic Beverage Commission. The term of the license begins on July 1st and ends on June 30th of each fiscal year and fees are not prorated. Business & Occupation Tax is paid on a quarterly basis and is calculated at the rate approved for each classification. Below is information necessary to obtain licensure within the State of West Virginia and the City of Bridgeport.”

A quick summary: if you’re doing business in Bridgeport and you receive any income for that business, you are required to file to obtain a Municipal Registration Certificate for a fee of $15. 

The reality is that most municipalities have an ordinance like this in place. It’s a matter of interpretation, whether they enforce it and if that’s across the board. There were several posts and comments decrying the action as an overreach and harmful to musicians and artists. While on its surface that appears to be true, we do think it’s worth noting that this ordinance was not created to single out artists and is a one size fits all approach which can certainly create unintended consequences. This ordinance is not new; it has existed since 2009. However, its enforcement against musicians seems to be a recent development.

In an email from early April, Brown received the following from the Bridgeport Tax Office: 

“I don’t know if you are aware, but anyone that is being paid to entertain in a restaurant/bar within Bridgeport is required to have a City license. This includes DJ’s, bands, karaoke, trivia, bingo, etc. As you know, the license fee is only $15.00 provided they complete and send us the required paperwork prior to the event.

If you would please provide your entertainment providers with a copy of this form, or you may give them my contact information, so I can make sure they have the proper license to work in Bridgeport. Most people are unaware of the requirement. I have found it is much easier to let them know ahead of time, so they only pay the $15.00 fee, otherwise they get hit with the $50.00 penalty for operating without being licensed.

There are also special circumstances which exempt them from needing a City license, but I need to speak with them to determine if they qualify for an exemption.”

The forms being referred to are as follows:

That is the pertinent info that has led to this point. We sought answers from Becky Deem, whose LinkedIn lists her as the Tax and License Manager at The City of Bridgeport. We spoke with Deem in person and asked for clarity on a few points that have been circulating in social posts. 

1. Who is required to have one? Anyone doing business in Bridgeport where income is received.
2. Do bands need to be registered with the state to play in Bridgeport? Yes, bands would need to be registered with the state.
3. What are the exemptions that we have seen others post about? There is an exemption stating that if they don’t make $4,000 in a tax year within the state of West Virginia they don’t need a city license. We have reciprocity which means, if they are already holding a business license in another municipality they are not required to get one if they are paying B&O taxes in that location. 
4. Do all municipalities in WV do reciprocity? No, and you would need to check with each place to see if they do. 

We also contacted the West Virginia Secretary of State Office and were informed that they do not require bands to hold a business license if they don’t make $4,000 annually. That is why Bridgeport has that threshold as an exemption because they can’t require you to have something if the state doesn’t require it. 

What does this come down to for most musicians? The reality is most artists aren’t going to take the time to contact the city to do either the license or the exemption. Therefore that limits the pool that a venue in Bridgeport can draw from. 

It’s worth noting large touring acts don’t have to do this in most major cities nationwide. We contacted large concert promoter and artist manager, Greg Carnes, who is located in Texas, to ask him if this was something he was aware of large bands having to do in his experience. “No, that’s crazy. That would not be something bands are expected to do. That is handled at the venue and promoter level. In small venues that would kill your indie scene” 

With that in mind, here are two things that could be done to rectify this situation: 

1. Clarity on the language from the City Council on this ordinance. 
2. If it does apply to artists as written, make an exemption for all artists and musicians from having to bother with this at all, unless they are across the state threshold of $4,000. If the state is handling this on an honor system there’s no reason a city can’t do the same.

Bridgeport Mayor Andy Lang was interviewed by Connect Bridgeport and said, “What we’re doing is following state laws and regulations, but we’re looking into the situation and also looking at policies and procedures. This is not something where you get an answer to a question overnight; you don’t get it immediately. We hope to get something out soon, but it may take a week or so to gather data.”

We spoke to Jackie Brown and asked if a reversal of this issue would cause him to reconsider closing the venue to which he replied “This was just the straw that broke the camels back. I’ve heard from many artists that have said they wouldn’t take the time to do all of this to play here. But also, the venue sits in a B1 District which means we can’t sell alcohol and that has hurt us from day one. We’ve always operated at a loss which was fine. I didn’t open this to make money. I opened it so that at the end of the night, people had fun. And I think they did.”

We will continue to gather information on this story as it develops.