McAllen keeps outdoor music

BY Brenda Garza | THE RIDER

Downtown McAllen bar and club owners have less than 30 days left to comply with revisions to an entertainment district ordinance.

Earlier this year, the McAllen city commission passed an ordinance to ban outdoor music at the venues and prohibit those 21 and younger from entering the bars in the district.

A petition to save the nationally recognized Entertainment District went viral on various social media outlets.

The petition, started by McAllen resident Andres Sanchez, gained more than 3,000 signatures in a few days and brought awareness of the music ban ordinance.

However, the ordinance did not receive a unanimous vote when it was first presented on May 23 to the McAllen City Commission.

“The commission was certainly not unanimous with the original vote and it was obvious that it needed tweaking,” said McAllen City Manager Roy Rodriguez. “An absolute answer of all in or all out was just not going to work.”

The ordinance was set to ban amplified outdoor music completely from 17th Street. Venues and bars such as Roof 324, Thirsty Monkey, the Flying Walrus, among others, would be affected.

Patrick Garcia, owner of Yerberia Cultura, an outdoor art venue in the downtown area, believes the proposed ban on music and the age requirement would hurt his business and many others, including the artists.

“That’s why we went back to the downtown folks, discussed it with them further and came to an agreement,” Rodriguez said.

On June 13, the McAllen City Commission reviewed the ordinance. The new provision states that no business can exceed 85 decibels by 300 feet from the property line.

“There is a set 85 [decibel] reading that cannot be passed; that’s the only ordinance that was redefined,” said Ben Peña, owner of Thirsty Monkey, Suerte Bar & Grill and Tres.

In the City of Austin, code states that a noise is presumed to be unreasonable if it exceeds a decibel level of 85.

“The city applies its noise regulations to the entire city,” said Thomas Grauzer, administrative specialist for the Office of the Austin City Clerk.

However, in McAllen, the ordinance has only been applied to the Entertainment District.

“We have different standards for that area,” Rodriguez said. “We allow more entertainment and amplified music there than anywhere else.”

Under state law, music should not exceed 85 decibels and no underage drinking should be allowed, Rodriguez said. But under state law, it does not say underage people cannot go into a bar.

“We wanted to make sure that we are protective of the residential area but giving flexibility to the entertainment district that they need,” Rodriguez said.

Under the new revisions to the ordinance, businesses are required to fulfill three new requirements to ensure there is no underage drinking:

–buy software that will scan the ID, correctly verify the person’s age and identify if the ID is false;

–visibly identify patrons 21 and older by either a wristband or with a special stamp that can be seen with a specific light; and

–have security personnel wear a specific uniform that makes them easily identifiable.

“On Aug. 22, the [McAllen] city commissioners passed and approved the new revisions,” said Alice Johnson, executive assistant to Rodriguez.

From that date, according to Rodriguez, bar and club owners have 60 days to assess the new revisions.

Asked how the downtown business owners feel about the new revisions, Rodriguez replied, “To my understanding, [the] bar and club owners were satisfied with the revised ordinance.”

Since the revision, there have not been any complaints from residents in that area, he said.

“I am hopeful that we won’t need any other revisions, but if we do, we have to be prepared to do it to provide the greater good to the community,” Rodriguez said.