In this instance musicians, entertainers, DJ, KJ, VJ would all be the same
Aren't musicians, entertainers and DJ's responsible for obtaining permission for music they perform?
Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business.
This is Item number 12 on ASCAP's Website
Click Here to go to ASCAP.com
Who Is Responsible for Public Performance Fees If Musicians Are Playing Live Music?
If the musical performance is taking place on the premises, the establishment is responsible for obtaining public performance rights. This responsibility cannot be passed on to anyone else even if musicians hired by management are independent contractors and exceed or ignore specific instructions on what music can or cannot be played. Since it’s the establishment that’s being enhanced by music, the establishment is responsible for ensuring it is properly licensed, similar to other legal responsibilities a business must handle.
This is Item number 16 on BMI's Website
Click Here to go to BMI.com
Copy of an Email I got from BMI on 4/3/08 11:35am
Unfortunately, BMI does not presently have a license for Mobile DJ’s, DJ Services or Karaoke Hosts. Under our current structure, the establishment or venue that contracts for your services is responsible for obtaining the proper license.
BMI licenses the "public performance" of music. Generally speaking, public performances are defined as performances "at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." Therefore, events such as private parties and weddings are not required to have a license.
I trust the above is helpful. Thank you for your interest in BMI.
Bakersfield Municipal Code on CABARETS LICENSES AND REGULATIONS
- Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:
- “Alcoholic beverage” shall have the same meaning as set forth in Section 23004 of the California Business and Professions Code.
- “Cabaret” means a public place where:
- Alcoholic beverages are served or consumed; and
- Live entertainment (with or without dancing) is provided; or
- Recorded music and dancing by patrons is provided or permitted.
- “Person” means any individual, partnership, corporation or association of any nature whatsoever. (Ord. 4445 § 1, 2007: Ord. 3733 § 1, 1996)
It is unlawful for any person to keep, maintain or operate a cabaret within the city in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter. (Ord. 4445 § 1, 2007: Ord. 3733 § 1, 1996)
- All permits issued before April 1, 2005, shall expire on the second anniversary of the issuance date occurring after April 1, 2004.
- All permits issued under this chapter on or after April 1, 2005, shall expire on the second anniversary of the issuance date.
- Any expired cabaret permit not renewed shall be returned by the permit holder to the chief of police within forty-eight hours of its expiration. Ord. 4445 § 1, 2007: Ord. 4227 § 1, 2005)
A. Applications for permits under this section shall be made on forms to be furnished by the chief of police or his or her designee, and, except as waived by the chief of police or his or her designee for good cause shown, shall be submitted no less than eighty days prior to the commencement of permitted activities, shall be signed under penalty of perjury by the applicant and shall require the following information:
- The name, mailing address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver’s license number, social security number, and arrest record, if any, of the owner(s), if not a corporation, and of all persons who will manage the business;
- If the owner is a corporation, the name, mailing address, telephone number, year and place of incorporation, of the owner;
- The name, mailing address and location of the business;
- The business tax certificate number of the business;
- The type of music, dancing or entertainment that will be permitted, with a description of the sound system, volume and sound attenuation to be utilized in the building; and
- Prior permits held in the past three years and whether such permits were ever revoked or suspended, and the reasons therefor.
B. The chief of police or his or her designee shall, in his or her discretion, issue a permit no later than twenty days before the commencement of permitted activities if he or she finds:
- That such proposed music, dancing or entertainment will not interfere with the peace and quiet of the neighborhood;
- That the application is complete and truthful;
- That neither the owner nor any manager of the business has in the past three years been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation;
- That neither the owner nor any manager of the business has in the past three years done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another;
- The building and the business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state, including, but not limited to health, structural soundness, fire safety and zoning;
- That a valid business tax certificate has been issued for this business; and/or
- That a permit issued under this section to this owner or this business has not, in the past three years, been revoked, unless the city manager or his or her designee finds that the reasons for such revocation are unrelated to this application.
C. The chief of police or his or her designee may waive the time limit in subsection B of this section by notifying the applicant in writing by regular mail on or before the last day for acting upon the application of good cause found for delay and stating the new date for acting upon the application.
D. Such permit may be issued with conditions to ensure the operation of the cabaret in such lawful and peaceful manner.
E. All applicants for permits including renewal permits, whether or not issued, shall pay a nonrefundable application fee not to exceed the full cost of processing the application, inspecting the applicant’s business, and enforcing this chapter as set forth in Chapter 3.70 of this code. (Ord. 4445 § 1, 2007: Ord. 4244 § 1, 2005: Ord. 4227 § 2, 2005: Ord. 4214 § 1, 2004: Ord. 3733 § 1, 1996)
- To renew a cabaret permit, the permit holder must: (1) apply for a renewal of the permit no later than eighty days before the expiration of the permit, and (2) comply with the application procedures of Section 5.14.030. The chief of police or his or her designee may, in his or her discretion, waive this limit for good cause shown.
- The chief of police or his or her designee shall renew or deny the permit no later than twenty days before the expiration date of the permit. The chief of police or his or her designee may waive this limit for good cause shown. The chief of police or his or her designee shall issue a notice to the permit holder stating the good cause if he or she waives the limit in this subsection.
- If the chief of police or his or her designee does not act upon a renewal application within the time limit of subsection B of this section, the permit shall be automatically renewed for two years upon payment of all fees. (Ord. 4445 § 1, 2007: Ord. 4244 § 3, 2005: Ord. 4227 § 3, 2005)
Bakersfield Municipal Code on CABARETS LICENSES AND REGULATIONS
- No cabaret shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this chapter, to so operate.
- Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit.
- The cabaret shall not be operated so as to constitute a nuisance or to interfere with the peace and quiet of the neighborhood. (Ord. 4445 § 1, 2007: Ord. 3800 § 1, 1997: Ord. 3733 § 1, 1996)
So for the wedding ceremony to the reception,
Good Time Entertainment is the entertainment of choice.