Legal Extortion

A little more than a month since we opened and there is still absurd turmoil behind the scenes.  Most notably, Music Licensing Fees.

Before I get into my extreme displeasure (that's a gross understatement) with having written checks to the big three (ASCAP, BMI, and Sesac) let me say that I have absolutely no problem whatsoever with paying for the rights for something I use.  Being something of an artist myself (music, graphic design, photography, etc.) I'm more than happy to pay someone for the use of something they created.  In fact, I *WANT* to pay them for it.  In no way do I want to screw other artists out of money they are due.

However, ASCAP, BMI, and Sesac do just that.

Music Licensing Fees are little more than extortion.  And here's why.  These companies take a survey of music played on the radio in the US and distribute licensing fees based on extrapolated total airplay from that survey.  Sounds alright, eh?  But there's a problem.  They only sample a whopping 1% of *all* radio airplay.  (To be fair, sampling much more than that would be an overwhelmingly daunting task.)

If an artist's song is never played in that 1% of sampled airtime, they will never, ever see a check from these companies.  And that's where The Phoenix comes in.

Because of its size and thanks to the Sonny Bono-introduced "Fairness in Music Licensing Act" from, I believe, the mid-1990's, The Phoenix is exempt from paying music licensing fees provided we only use music off the radio or over the television.  And that seems fair.  I'm fine with that.  But, when we throw in karaoke or CDs or Internet Streaming music, we "have" to pay.  (And paying for internet streaming music seems redundant; the internet stream has *already paid* these companies.)

The chances are very, very good that the music we use during karaoke never see the light of day on the radio anymore much less in that 1% sample these companies survey.  When was the last time you heard "The Sound of Music" on the radio?  Or "My Way"?  Or, "Born Free"?

In other words, these three companies take money that is owed to an artist and give it to someone else.  Rob the poor and give to the popular.

And the demand for money from these three companies amounts to mafia protection money.  These companies sometimes send in spies to make sure a business isn't using unlicensed music that is in their company's catalog and then threaten the business with fines totaling thousands of dollars for *EACH AND EVERY* song that hasn't been "properly licensed" from their company.  So they "advise" businesses to pay the "reasonable" license fees to avoid being threatened with a business-closing lawsuit.  In other words, Mafia Protection Money.

If these companies sue a business and win, they won't send the money to the artists whose copyrights were violated; they'll use the money to sue other businesses.  So, even if these companies win, the artist is *still* screwed out of money that is owed them.

There's a story on the Interwebz of BMI trying to sue an artist for using his own copyrighted arrangements of traditional Irish music in his performances.  It was astounding.  BMI claimed they owned the rights to all Irish music; even Irish music in the public domain.  The artist eventually won the suit but it was a long time getting to that point and lost the artist at least one client and major source of income and goes to show the lengths (and arrogant stupidity) of at least one of these Big Three.

It's All on Us

I have an item on the schedule for tomorrow.  When I made the schedule, I figured we'd be ready for it this weekend; the weekend before our opening day.  It was "Panic."  Well, as of last night, we were ahead of schedule; we had a panic last night with our water heater for the bar not working.  But, a quick run to Lowe's solved the problem.

And, among the other items for this weekend was "Address Health Department concerns".  That's something else we don't have to do.  The Health Department inspector was satisfied that we had met all her requirements and signed off on a "Temporary Permit to Operate".  And, combined with the earlier sign-off on our building inspection, we have finally cleared the last Magical Hoop™ to opening.

We.

Are.

Done.

Now, it's all on us to get the bar ready for Monday at 4:00pm when we fling the doors open and welcome the patient throngs of people at the door.  (Ok, there will probably only be one or two at four pm...)  And there's much to do.  There's a lot of cleaning and putting up televisions and assorted A/V equipment and getting all that inventory sorted and properly tagged and probably a few more things I'm forgetting after today.

The tremendous feeling of unfathomable relief after so much consummate anguish is often overwhelming.

Passing Gas

It's been a long damn day.  But we're closer to opening.

We were up and out of the house at 7:00am this morning and got back home about 8:00pm.

We had a plumbing and mechanical inspection today.  Part of the plumbing inspection is a pressure test on the line.  The gas line passed inspection.  And, we passed the rough electrical inspection as well as the mechanical inspection. (That's the A/C and duct work.) Indeed.  We passed gas.

All we have left to do for the city is get the dry wall up and the finish work for the A/C and the electrical.  Then it's Final Inspection time.  And final inspection could happen as early as June 9.  (There will probably be a few issues that need to be addressed so we'll probably have a final final inspection on the 13th; which still gives us some time before opening on the 20th.)  Unless we're misreading something, this is the final Magical Hoop™ we have to jump through for our building permit!  (Thankfully, the Magical Hoops™ have stopped moving quite so much...)

We also figured out what to do with the bar wall coverings that the health department wants us to put up on the server side of the bar.  (Ok, it's not a want; it's a requirement.)  And we picked the fiberglass reinforced panels we need back there today as well.

And the final milestone passed today was we got our phone line installed!  Our Phone number:  "A.K.A. Buzz" which is pretty darn awesome if you ask me.

We're looking forward to Pride this weekend.  You'll probably see Karl and I handing out little fliers about the bar.  We would have done a float or something (Karl even toyed with the idea of just walking around with signs like those you'd see at a protest) but, quite honestly, we've had other major issues on our minds lately.

And that's today in a nutshell.

(P.S.  The posting I made earlier today was done with the voice recognition thing on my phone.  It doesn't capitalize anything and you have to speak the punctuation.  It's a little annoying but it's a little faster than the on-screen keyboard and it does work.  Mostly.)

Equal Permits

Well, that's one more Magical Hoop™ we've jumped through.

But this one pretty much stayed stationary and was actually pretty easy.  We received our Reseller's Permit from the State Board of Equalization late last week.  Next is getting set up with accounts with the vendors and such.

And why is it called the Board of *Equalization*?  What exactly is being equalized?

Correcting the Corrections

We got the revised plans back from the resubmission (or whatever the real thing it's called) to the city yesterday.  There's a list of corrections.  It's a short list, but a list nonetheless.

And this whole thing is just $%@! annoying.  We were told we could get any truss company to build the trusses for us; so we did.  We found a company that would do the trusses cheaper than the company the engineering firm had recommended.  What nobody told us, though, was that we had to inform our engineering firm that a different company was making the trusses.   (If they're made to match the approved truss sheet, why does it matter who makes them???).  That omission of information is costing us time and money.

Now, we have to wait through this ridiculous and slow back check bull$#!& to have corrections made that, quite frankly, make no sense to me.

And I question the thoroughness of some of the people doing work at various places.  We were asked to move the insulation from on top of the ceiling to directly below the roof.  Why wasn't this requested during plan check and back check two to three months ago?  Why do we have to pay for this?  Who the #*&! dropped the ball two months ago??  And how many more times are we going to have to go through revisions and spending more and more money to get new things approved that should have been caught in the first place?

I'm sure I'm just ranting and raving out of sheer frustration with dealing with something I have no experience in.  But, fuck! Make it logical!

"Saving" Money

Later today, we're headed back to City Hall to pick up our revised plans because of the truss manufacturer "issue".  (We didn't know we were supposed to have told the engineering firm that we'd have someone else make the trusses.)  In the end, we spent a little more than $300 in order to save $100.

But, we learned a valuable lesson.  Ask questions like, "How much is this going to cost us if we do this?" and "Is there anything else we'll need to do if we do X?"

On the plus side, the trusses should be inspected tomorrow and be ready for a roof to be installed.

Oops Number 2

Here's another "Oops".

We were told we could have any truss company build our trusses for us.  So we found one.  They were cheaper than the others so we had them build our trusses for us.  We had the city inspector out on Tuesday to do the inspection for the roof framing.  Turns out, we needed to let the City know that we had a different truss company build the trusses than the one who was listed on the truss sheet for Plan Check.

So, we had to do another truss sheet and submit it to the City as an addendum to the plans.  We can't get the inspector back out until that truss sheet has made its way through the inboxes it needs to.  We're waiting for that to happen before we can move forward with putting the shingles on.

In the end, we could end up spending more in the addendum fees than we saved with the cheaper trusses.  It's still cheaper than having a general contractor do all this for us but is still annoying.

And Now the Screaming Starts

(No, not the 1973 gothic horror movie about a disembodied ambulatory hand that scared the crap outta me when I was about 10 or so..)

Ok.  After a week off of completing paperwork and dealing with government and related "stuff", it's time for paperwork to start again.  (Hence, the "Screaming" in the title.)

There's a whole stream of paperwork that needs to be filled out and sent to someone so they can send me back another bit of paperwork so I can then send them money.  Then we gotta contact vendors and get set up with them.  I might be jumping the gun just a bit but I wanna make sure when we're ready to open we're actually ready to open.

Reflections Upon a Successful but Surprising Electrical Plan Back Check on the Day of Saint Patrick

I'm not a contractor. I've never dealt with The City of Fresno from the perspective of a developer. I've never even carted so many large sheets of paper around. So the entire process of getting this building permit is, shall we say, "different" from everything else I've experienced. (And I'm told that even in the world of plan checks the Fresno ones are an anomaly for being so plodding.)

Anyway, I get to the Development department receptionist ("Hi, Joyce!") not really knowing what to expect. I don't know if I need to resubmit the electrical plans or what. I figured it was going to be a resubmission and having to deal with the front desk again. I had questions prepared about the parking situation and related things. I didn't even know what to ask of or say to Joyce. She and I talk for a bit about what I'm actually doing and she says I needed to have made a "back check" appointment. I thought to myself, "Oops" and figured I'd just go ahead and make the appointment while standing there and have to come back. No real problem. (I have learned a higher level of patience through all of this.)

But, Joyce called the guy who I would have to do the back check with and asks if he can come up for a back check. And he can and does.

So I take this huge bundle of plans into the "back check room" and meet with the guy.

Five minutes or so later, I walk out with stamped and approved electrical plans.

For a few short seconds with the guy, I thought I might be getting a building permit, too! But, I still have to wait for the Health Department's approval. Again, no big deal. (They are supposed to be done by Monday, March 21, 2011.) Even if it were later than the 21st they were supposed to be done, what's a few more days at this point, eh?

So, that's where we are now. I'll have to get in touch with the nice folks at the Health Department to find out what's going on some time today.

Plan Check Done!!

I'll post more later, but just finished with the city and our plan check is complete.  Only waiting for health deptartment now.

I Sing The Paddy's Day Electric!

Ok, so my post title is a bit of a stretch.

But, Happy Saint Patrick's Day!  (Explains the green text, eh?)

Good news on the electrical plans front.  The redone drawings are ready to pick up and I'm about to head out to Fresno to pick them up and drag them to The City.  It's just a requested-revision so I don't expect to have too much of a problem with them at the City.  The initial submission took only about three days to get returned to us so I expect about the same with this.

We'll see what happens, though...

The Lights are On....

...but nobody's home.  At least in the bar, anyway.

Over the weekend, decided on what we're gonna have for lighting in the bar.  It took a trip to Fresno to the hardware store but we got it figured.  And we'll be well below the Title 24 requirements for wattage used for lighting.  Picked out some nice LED lights along with some immensely flattering fluorescent lights.  Got a few new track lights, too.

Overall, the shopping wasn't nearly as awful as I thought it might be.  It's not that I dislike shopping it's that I didn't relish the figuring of wattages and locations and a bunch of other stuff.  But it's done.  And our electric bill will thank us, I'm sure.

So, we've sent the list to the engineer guy who should have them implemented sometime today (if not yesterday; we'll have to check on that) and then it's back to City Hall where the second-to-last Magical Hoop™ can be cleared.

(Hmmm...  If all goes well, construction may commence the week of March 28.  Cross your fingers and hope I didn't just put myself too far out on the limb there...)

Is It In?

Yep.

The electrical plans were submitted for approval yesterday.  The receptionist said it could take up to two weeks but I'm not expecting it to take nearly that long.  It's two damn pages the guy will be looking at.

I'd expect to hear back from him by say Friday, March 11.

Yep. Jinxed.

Yep.  I jinxed it yesterday.

Plans weren't submitted.  There was a bit of a, shall we say, scheduling issue.  Karl has left the house and is currently on his way to pick up plans, get confused, get things straighted out, get confuddled, get that straightened out and spend more money.

I'll either post an update later today or over the weekend.

Meanwhile, the liquor license transfer is about to be complete.  It should be ours by Tuesday of next week.  (Not that it'll do us much good at this point but it's good to have that nearly done.)

JINX!

I'm hesitant to say this.

But, <heavy, anticipatory sigh> it looks like we'll get our Electrical drawings complete and approved later today.  That leaves only the Health Department's stamp before we can get our building permit.  <crossing fingers>  I don't expect the Heath Department to have much to say other than adding a few notations about stuff they want to see.  <other fingers crossed>

Status Update

Earlier this week, I quietly put up a new page on our web site sort of giving a rough-to-detailed outline of where we are in the process.  It gives a quick look into the current state of affairs as well as what needs to happen before we open and what has already happened.

It's the Building Status page.  Give it a look-see.

(There has been a lot that has already been completed.  Since I made that list at the end of February, I'm certain I forgot things that had to be done but have been completed.  The "Not Yet Begun" parts should be fairly complete, though.)

Healthy Plans Day

Progress continues.  Later today, we're heading to the Health Department to get their stamp of approval on our plans.  Shouldn't take too long.  I'm hoping to just have them look at them for about five minutes and then go *KA-CHUNK!* with their little stamp.  But, they could require to hold them for up to two weeks.

Considering that they only thing they've asked for is either unbreakable bulbs or enclosed fixtures over the bar and semi-gloss paint on the ceiling in the bathrooms I think it'll go fast.

Hopefully, this Magical Hoop™ doesn't move too far from where it is today.

The Shrouded Meeting

The shroud of winter night was descending over the city like a drunken blanket sodden with sunlight and poked through by pins that would become the stars shining through.  The silver Ford F-150 with the dented tailgate and evidence of various birds that have roosted on the sides of its bed stuck sickenly to the bed rails sat at the left turn lane in the center of Blackstone Avenue its left turn indicator light blinking like the on-again, off-again progress of the building project undertaken by the truck's driver.

On the north-west corner of the intersection, a young man in his early twenties stood.  He wore a black fedora and a black suit and white spats over his black penny loafers.  The light from the street light formed a pool of warm, unflattering amber light around him; his face hidden in the shadow of his fedora.  From his gleaming brass saxophone he soulfully sent a haunting melody reminiscent of warmer, sultrier summer days in New York City lilting into the darkening streets of the city.

A gap opened up in the oncoming traffic and the driver inched his truck forward and stopped abruptly--the gap was moving slower and wasn't going to reach him in time.  A bead of sweat formed at his hairline about an inch to the left of the midpoint between his right eye and right ear and then slowly, inexorably crept down his temple toward the beard at his jaw.  It provided an unnecessarily refreshing cooling effect; it was winter after all.

The gap in traffic finally arrived and the driver gunned the accelerator and the truck, tires screeching a banshee cry like a drag queen who has just had her wig snatched off her head in the middle of her big, show-stopping number by a jealous underling with a mole the size of a dime on the left side of her nose, bolted across Blackstone and onto University Avenue.

Ahead, at the sad and lonely grey parking lot between the street and the railroad tracks that occasionally carry passengers on Amtrak to and fro going from and to the Amtrak station in Downtown Fresno and the occasional freight train going from and to places not quite understood the agent eagerly awaited to complete his task of passing the plans.

The truck barreled into the parking lot bouncing over the driveway access ramp like a giddy child on Christmas morning, turned left at the corner like a politician that has suddenly found herself in the middle of a scandal, and stopped next to the agents car with the broken windshield like a wild party at 2:00am.

The driver of the truck exited the vehicle into the chilly evening.  He could faintly hear the saxophonist's lamentations in the distance.

The agent said conspiratorially, "I want to explain a few things to you."

"Okay."

The two men slinked to the rear of the truck.  The tailgate was dropped and the agent spread the plans on the tailgate like a banquet on a budget.  Explanations were given.  "These are for your records," and "These are for the planning department," and "Take this to the Health Department," and "This is where they will sign off when you get your building permit."

The clandestine meeting concluded nearly as quickly as it had begun but not exactly, the plans were handed over to the driver of the truck, and the agent climbed back into his car and with a wave of his hand that said "See ya!" he fired up his engine and squealed off into the darkening night toward Blackstone Avenue where he turned right toward McKinley and disappeared out of sight but not quite out of mind and onto places unknown.

The other man opened the driver's side door to his truck, placed the plans and assorted paperwork onto the passenger seat, sighed a heavy sigh of unmitigated relief, and climbed back into the cab.  He closed the door with an air of finality and fired up his own engine and drove away.

And, as the last plaintive notes echoed forth from the saxophone, the shroud of darkness swallowed the day bringing the night and covered the only evidence -- some tire tracks, a few faint footprints, some shed skin cells and maybe a dog hair or two -- that the two men were ever there.

Posting Posted Post Prescribed Period

(Why am I so fond of alliteration?)

Well, it's been thirty days that the required "Notice of Pending Transfer" for the liquor license has been posted.  Actually, it's been more than 30 days now.  (Hence, "Post-30 days" in the title.)

We're only waiting for the ABC to clear the license and to hear back from the State Board of Equalization (The Sales Tax people) before we can close the license transfer and have it in our names.  Then, we can OPEN! YAY!

Now.  If we can only solve that tiny little problem of not having a roof for the bar, we'd be set...

This is one of the major Magical Hoops™ and we're about to jump clean through it.  Through this process the ABC has been remarkably helpful and friendly.  I highly recommend anybody who needs a liquor license deal with them and them alone.  ("....What's that?....  They have to go through the ABC? ...  Oh.  Well, I stand by my recommendation anyway.")

Perturbed Plan Check Picture

That first time we went to the City to submit the plans, we had great joyous plans to take some delightful pictures of me handing over the plans to the City of Fresno for plan check and then the subsequent celebration.  But, we know how that went.  (grumble, grumble...)

So, as I was standing there at that counter those many days ago watching the Magical Hoop™ moving as I prepared to jump through it, Karl took this picture.  I've obsurced the guy's face mainly because I didn't get his permission to put this picture up and other reasons.