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This week, the Raleigh Board of Adjustment deemed Bett and Bill Padgett's house concerts to be a "prima facie" business, and the Padgetts are allowed to have only 3 concerts a year, instead of their regular 9, which they've had for many years.
They live in a huge house on 3 acres off Wade Avenue, across from a church. They've never had one complaint about noise or parking. They bought the house so they could invite musicians in.
They can fit 100 people in their living room area for concerts, and all monies go directly to the musician(s).
The Padgetts make absolutely nothing, in fact they pay for refreshments and work hard to make the concerts happen. She is a music teacher and singer. He retired from NCSU. For years, they have worked hard to make the community a better place.
We've gone to the concerts for years, and it's an absolutely outrageous ruling.
The government should not have that much power to tell you what you can and can't do in your own home! I spent 2 weeks "behind the Iron Curtain" in the 70's, and the situation reminded me of my time there.
It just isn't right.
They might as well make birthday parties, political gatherings (where money is collected), Amway and Tupperware parties, and Bible study illegal -- if you have more than 3 a year. Maybe those will be next?
What do you think? Should the law be changed?
Last edited by lovebrentwood; 12-16-2009 at 09:53 PM..
Although the Padgett's dont make money, the musicians do, so it is a business operation. That makes it different than a boy scout meeting or bible study. If it is a business operation, it should be in a place zoned for business, or meet the "only 3 per year" restriction. They didn't. I imagine those people having political fundraisers, or Tupperwere parties don't have more than 3 a year. Those things more around. So none of your comparisions are valid. It would be like your next door neighbor having a HUGE tupperwere party at their house 9 times a year....which if they did I am sure you would have a problem with. I live near the Padgett's and there are TONS of cars and people on a busy street.
Several years ago, I had a party. I invited an entire club (99% of them strangers), and 100 people showed up. I hired a pianist. Everyone brought dishes to share. (It was their donation to the event.) Everyone had a great time.
Does that make ME a business?!
What difference does it make if I had one or had one every month -- if it didn't bother neighbors? (I don't have the luxury of a 3-acre lot, but the Padgetts do.)
So 3 times is not a business, but 4 times makes it a business?
If I wanted to hire another type of musician and wanted to ask for donations, is it the GOVERNMENT's role to tell me I CAN'T DO THAT IN MY OWN HOME?
I've been on that street after concerts many, many times, and at that time of the evening, it absolutely, positively, is NOT busy. Quite the opposite.
There have been 87 or so concerts with no complaints because there are no issues.
Everyone -- if you are married with two kids -- watch out. If your child is the fourth person in your family to have a birthday, if you have people bringing donations of gifts or money, and you hire a clown, the city will consider your home a BUSINESS, and you will be fined $500 for hosting your child's birthday. All it takes is an anonymous call from anyone to the City.
Quote:
Originally Posted by Usedtobe VaNC
Although the Padgett's dont make money, the musicians do, so it is a business operation. That makes it different than a boy scout meeting or bible study. If it is a business operation, it should be in a place zoned for business, or meet the "only 3 per year" restriction. They didn't. I imagine those people having political fundraisers, or Tupperwere parties don't have more than 3 a year. Those things more around. So none of your comparisions are valid. It would be like your next door neighbor having a HUGE tupperwere party at their house 9 times a year....which if they did I am sure you would have a problem with. I live near the Padgett's and there are TONS of cars and people on a busy street.
Last edited by lovebrentwood; 12-17-2009 at 07:35 AM..
I'm torn on this. On the one hand I think the city has better things to do, on the other I can see by the letter of the zoning code how this family is in the wrong. Their mistake was collecting money for the musicians. If it is just a bunch of people getting together that is one thing, once money starts changing hands you open yourself up to a lot of headaches, like what has happened here.
From the city's perspective I can see how they may be worried others may start running businesses out of areas zoned residential and then they would have a real problem with public complaints on their hands. They probably don't want to set a precedent.
I think more effort should be put into finding some sort of compromise to protect the basis of zoning codes while not infringing on this person's freedom within their home. If I worked for the city of Raleigh I would try to find a way to develop a special permit to allow such events for a nominal fee (say $25) with a clause that the permits would be revoked if neighbors file complaints that are deemed credible by the city pending some sort of hearing.
There should be a way to work this out so that everyone walks away content.
Interesting issue. If the musicians being paid creates the "business" problem, I wonder if not paying the musicians solves the problem? Do they charge admission or simply ask for donations?
Would this ruling extend to politicians using a private residence for a fund raiser? There could be some irony here ...
I wonder about routinely assembling groups of approximately 100 people, and how they do not fall under fire code interpretations of "places of assembly?"
City of Raleigh | Code Enforcement (http://raleigh-nc.org/portal/server.pt/gateway/PTARGS_0_2_112712_0_0_18/Cat-1C-20071130-100054-Code_Enforcement.html - broken link)
Of course, if it is just petty political retribution from someone whose ox was gored, all the codes in the world are hardly relevant.
From what I see on their website, there is a suggested 'donation' for each concert. The question is - can you attend a concert without making any donation? If not, then IMHO it's a business, not a social gathering.
Can the government tell us what we can and can't do in our own home? Sure they can, and I expect them to, to a degree. Certainly I don't want my neighbors running a brothel in their house; I don't want them running a car repair shop either. Legitimate business or not, activity in and around a house has impacts on others, and as a society we use a social contract in the form of laws (go back and read Hobbes) to enforce and protect property rights and other norms.
So I don't make it out to be as black and white as you. The question always is where should the line be drawn? And where does this activity fall in relation to that line?
The story needs more information, but I think the direct monetary collection is the tipping point. If the Padgetts require a "donation" to get in (even if they do give it to the band), or maybe even if they don't require a donation but are the ones collecting the money, I would consider that to be running something close enough to a business to open it up to outside regulation.
My best suggestion to get around it would be to have the Padgetts only involvement being letting everybody in their house (no monetarily-enforced guest list), and providing refreshments if they want. Anything monetary or promotional would go directly between the fans (whether they attended the show or not) and the band. That would relieve the Padgetts from being considered to operate a business, at least in my mind. Whether it would satisfy the legal requirement, I dunno.
I wouldn't doubt political gatherings like fundraiser dinners and what-not have special rules, but I'm not familar w/ them.
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