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The Magic Cafe Forum Index » » The side walk shuffle » » Business license? (0 Likes) Printer Friendly Version

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JoeJoe
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Myrtle Beach
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Quote:
On 2007-07-06 17:36, SeaDawg wrote:
JOeJoe,
The more I read of your case, the more disgusted I become....


It doesn't actually 'disgust' me ... it actually flatters me. I mean, after all ... only good street performers get hassled. If your no good and there are no crowds and nobody is putting anything in your hat, well ... then nobody bothers you about it. ; )

-JoeJoe
Amazing JoeJoe on YouTube[url=https://www.youtube.com/user/AmazingJoeJoe]
JoeJoe
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An update, copied from my blog:



We managed to fix the broken wheel on the cart, and the new 'Magic Shows' sign is really attracting the attention. We're doing some of my best work ever out there! But hanging from my hat like a dark cloud is this whole business license crap.

We received a call from Bruce Young, the supervisor for the City's Department of Revenue. It appears that my efforts are now attracting the top brass, so I must be getting something accomplished. Mr. Young called to convince my that I need a business license. That of course is like trying to convince me I need a hole in my head, and really shows that he has missed the point entirely. He seems more focused on the legality of his actions than with the acceptability of the policy - which I take as a good sign as he should be concerned as to weather his actions are legal or not.

But the City Council is not a court room and the legality of his actions are irrelevant within this forum, and I stand by my appeal as a business license is unnecessary, unwarranted, a barrier of entry to future street performers, and yes ... even illegal. I am not doing business and should not be required to have a business license, as per the Supreme Court.

See ... the Grand Strand is a corporate stage, where art is sacrificed for profit on a nightly basis, where local talent gets to wait on tables and wash dishes while the stages are filled with people bussed in from Vegas and Branson. I have had to carve my own path and I have no intention of letting the City dump on me. I want to live in a City that fosters art and culture and entertainment, and if my City Council cannot understand this then I will work to elect a new Council that will!

When it became apparent that he was not actually listening to me, I politely informed him that I am not going to argue with him and hung up. He is not an elected official and it is not his job to dictate public policy. And while I would love to rant and rave more about my conversation with Mr. Young, I really want to flush my ears with some loud obnoxious music so that I can (hopefully) remove his condescending tone from my ears - I don't like the way he talked to me one little bit. This is South Carolina and when I talk to my government officials I expect to hear "smiling faces". Perhaps I will find time to bring this issue up with the Council also. Until then....

-JoeJoe
Amazing JoeJoe on YouTube[url=https://www.youtube.com/user/AmazingJoeJoe]
Jay Austin
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JoeJoe good luck and keep us updated on what is going on. That is just another reason that I stay away from Myrtle Beach. When I go on vacation, I prefer to go somewhere a little less crowded. Garden City is more my speed.
Jay Austin

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Butterfly Man
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In 1982, Lee Davenport was arrested and fined for playing the bagpipes on King Street in Alexandria, Va. Davenport fought his punishment, and even though it lost in city court, Alexandria spent the next few years fighting that ruling all the way to the federal Circuit Court. There, according to the archives of the nonprofit Community Arts Advocates, the court "essentially told the city attorney to jump in the Potomac River." Davenport was awarded $40,000 for his troubles.

I think if you can get a video camera set-up and have (with you at all times) an abridged version of the letter you already submitted ... I don't believe any cop will want to challenge you ... it always helps if you also look respectable or have a good looking woman with you who's willing to go to jail as well. Chance told me to try this in Santa Monica years ago and it worked but I had to wear a wig and get my wife to run the camera ... I admire your courage JoeJoe ...
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fettucinibrother
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North Carolina
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Quote:
On 2007-08-15 13:54, JoeJoe wrote:
An update, copied from my blog:



We managed to fix the broken wheel on the cart, and the new 'Magic Shows' sign is really attracting the attention. We're doing some of my best work ever out there! But hanging from my hat like a dark cloud is this whole business license crap.

We received a call from Bruce Young, the supervisor for the City's Department of Revenue. It appears that my efforts are now attracting the top brass, so I must be getting something accomplished. Mr. Young called to convince my that I need a business license. That of course is like trying to convince me I need a hole in my head, and really shows that he has missed the point entirely. He seems more focused on the legality of his actions than with the acceptability of the policy - which I take as a good sign as he should be concerned as to weather his actions are legal or not.

But the City Council is not a court room and the legality of his actions are irrelevant within this forum, and I stand by my appeal as a business license is unnecessary, unwarranted, a barrier of entry to future street performers, and yes ... even illegal. I am not doing business and should not be required to have a business license, as per the Supreme Court.

See ... the Grand Strand is a corporate stage, where art is sacrificed for profit on a nightly basis, where local talent gets to wait on tables and wash dishes while the stages are filled with people bussed in from Vegas and Branson. I have had to carve my own path and I have no intention of letting the City dump on me. I want to live in a City that fosters art and culture and entertainment, and if my City Council cannot understand this then I will work to elect a new Council that will!

When it became apparent that he was not actually listening to me, I politely informed him that I am not going to argue with him and hung up. He is not an elected official and it is not his job to dictate public policy. And while I would love to rant and rave more about my conversation with Mr. Young, I really want to flush my ears with some loud obnoxious music so that I can (hopefully) remove his condescending tone from my ears - I don't like the way he talked to me one little bit. This is South Carolina and when I talk to my government officials I expect to hear "smiling faces". Perhaps I will find time to bring this issue up with the Council also. Until then....

-JoeJoe



JoeJoe,
Good luck to ya. However, South Carolina is one of, if not the most, politically corrupt states in the country, and Horry County is the most pollitically corrupt county in the state. B & C rules the city and the county like the West Virginia mining companies rule the little mining towns that they operate in. You need to check out a book called "Banana Republic: A Year in the Heart of Myrlte Beach" by William Moredock, 2003. to give yourself a little background on the history and political goings on in that bizzare little place that I refer to as "K-Mart By The Sea".
AL
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http://www.fettucinientertainment.com

"A fool thinks himself to be wise, but a wise man knows himself to be a fool - William Shakespeare
JoeJoe
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Myrtle Beach
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Man ... you guys aren't going to believe this! Today, I was cited a $500 fine at the flea market for failure to display my state retail license!

Now get this ... I'm the only one that was cited, despite the fact that at least 4 other vendors had their license in their cars just like me. That dumb ******* even dropped the citation on top of the retail license - that's right, by the time he wrote the citation I had the license sitting on my table! I am really beginning to think there is some sort of conspiracy against me.

I've got my appeal ready, but I have 30 days so I want to let this simmer for a while so I can really think it through. And I've decided I should seek the advice of people knowledgeable in law, so I been on a search for the equivalent of "the legal Café" and posted my drafted appeal:

http://www.expertlaw.com/forums/showthread.php?t=30525



As for the original issue of street performing in North Myrtle Beach, I have received a response from the Mayor which basically said nothing. I have replied letting her know that the City is now in violation of Section 7-17(b) of the North Myrtle Beach Ordnance which entitles me to a hearing within 30 days of filing my appeal before the Council.



I think I'm going to write the Governor next.

-JoeJoe
Amazing JoeJoe on YouTube[url=https://www.youtube.com/user/AmazingJoeJoe]
Jerrine
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Busking is work.
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This is the section of the ongoing turmoil that I am most interested in.
When push comes to shove. Do those with the robes decide that free speech means something or not, and do those with the badges respect the robes decisions. I'm getting close to my own day of reckoning so it's not that I am just sitting on the sidelines watching. I'm watching game film.
Chance
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This is exactly why I always recommend to NEVER go through the motions of becoming 'legit', as in agreeing to treat your rights as though they are a business commodity that can be licensed and regulated the same as any other commercial enterprise

Joejoe, I understand it's difficult to hear right now, but you are only reaping what you have sewn. My advice from the very beginning was to ditch the so-called business license and stand up for your rights. I warned you that when you go that route you are enabling the to do just what they have done -- and will continue to do.

Put another way, you should not expect to be treated as a Free Speech advocate when the first thing you do is take out a business license and hope this will protect you from your own local government. You can't have it both ways. There is NO constitutional right to owning/operating a business; there IS regarding Free Speech.

Fighting City Hall is never very much fun, and can have negative kick back depending on how corrupt it really is deep down. But our rights have always come at a price, and I don't think that will ever change.
JoeJoe
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Chance: this didn't happen while busking, I was at the flea market selling Svengali decks so yes, I am required to have a state retail license and collect sales tax. The problem is, I do have the license ... but because it was in my truck, and not on the table I am being fined.



Today I received notice that the $500 fine has been reduced to a $50 fine and I am currently in the process of appealing to the Governor in hopes of avoiding court action. I am considering all options, and may just shut down my flea market booth all together as I really don't like the idea of collecting money for these imbeciles.

The way I see it, they now owe me - what would an attorney charge for a 3 page appeal, a 2 page letter, and a 1 hour meeting? It is a $1,000 minimum judgment under the privacy act ... that won't cover it.

-JoeJoe
Amazing JoeJoe on YouTube[url=https://www.youtube.com/user/AmazingJoeJoe]
Chance
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Ok, that does help to clarify things. But in your original post you used the phrase "...they sent me a letter claiming I need a business license to street perform at Barefoot Landing", and nothing was said about pitching Svengalies.

Hope it all works out for you in the end. Good luck!
JoeJoe
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Yes, they say I need one license at the flea market .... and a second license at Barefoot Landing. The business license inspector told me on the phone I would need another license to book a show at the comedy club, and yet another license to book a show at the Alabama Theater. The way he wants to interpret the law, I would be required to have a license at little Jimmy's house for his birthday party, and then another license for Suzi's house next week.

My position is I don't need a license to be a busker, and even if I did I am legally allowed to do business with Barefoot Landing from the flea market. I don't do any business "at" Barefoot Landing, and maintain there is a difference in a "business location" and a "performance location".

But it seems to have fallen on deaf ears. As per the city ordnance, the Council was required to schedule a hearing within 30 days of my appeal. Which, to this day they still have not done. A clear violation of my due process.

Then this whole retail license crap pops up to distract me. I'm really just fed up with it all.



I have taken a lot of footage while at Barefoot Landing, and plan to get some more at the flea market. I also filmed downtown where this all started (which is another issue all together, where Myrtle Beach threatened to arrest 15 years ago) ... I plan to do some type of rant video for YouTube where I can expose the entire story in an entertaining format - turning the lemons into lemonade.

-JoeJoe
Amazing JoeJoe on YouTube[url=https://www.youtube.com/user/AmazingJoeJoe]
ringmaster
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You ticked off a beaurocrat in one town and he ask his counterpart down the road to slap you. It's an old Souther tradition.

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gnosis
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JoeJoe, did you ever get the whole business license for busking thing straightened out?
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