OCEAN CITY — Following pleas from musicians young and old not to do so, City Council voted unanimously Jan. 25 to limit where boardwalk entertainers can perform and quadrupled the fee to do so.
City Council approved new rules that would allow all performances to between May 1 and Oct. 31 only in two designated zones — Fifth to Eighth streets and 12th to 14th streets — and increase the licensing fee from $50 to $200.
Multiple entertainers attended the meeting to voice their opposition to the new rules.
Maria Galloway, better known as “the Flute Lady,” said this summer will be her eighth performing on the boardwalk.
“I’d like to thank the city for allowing me to perform on the boardwalk all of these years,” she said. “I just want to thank the people of this town; they have been so warm, kind and generous to me over the years.”
But she said she and other performers, known as buskers, have some concerns.
She asked City Council to consider why the entertainers like to perform on the boardwalk.
“We’re a motley group, our group of buskers. Are we a perfect lot? Not by a long shot. Do we have drama surrounding us? Well, I don’t think it would be an Ocean City summer without some. But we do have a common bond — the love of performing, seeing the crowd interacting with them on a warm summer night, watching your children and grandchildren dance like nobody is watching. For those of us who have the experience, I can tell you its joyful, it’s spontaneous and on a really great night, I think it’s magical,” Galloway said.
She said she feels the $200 permit fee “is a bit steep” but said she is willing to pay it
“I want to continue to do what I love and I know others feel the same way,” she said. “We are here today because we care so much about this program and keeping it alive. Let’s keep live music alive in Ocean City now and for many years to come.”
Andrew Earhart, who identified himself as a saxophonist with 30 years of experience performing music, said the increased fee would deter some musicians.
“The proposed changes to the boardwalk performer laws combined together to make it much harder for boardwalk performers to share their talent with the public. The new registration fee will turn away many who won’t be able to make back the fee money for their performances,” Earhart said. “With less time to perform and not being able to perform in the business areas of the boardwalk, it could take four to six performances to make back the money spent.”
Calling them ambassadors for the city, he said performers “provide a valuable service for both merchants and customers in helping people pass the time while they wait in line.”
He posed the question: What does a boardwalk performer make?
“I make little kids stop in their tracks, their eyes widened and minds wondering. I make the elderly remember songs, friends and times long forgotten. I give stressed parents a few moments to relax. I make teenagers dance. I give people reason to think of others, not just themselves. I make a difference. I ask council to carefully consider the effects of changes,” Earhart said.
Allen Schwarz, who described himself as a 68-year-old musician and retired nurse, said the buskers are one of the ingredients that make Ocean City America’s Greatest Family Resort.
Keeping the entertainers away from the area between Eighth and 12th streets would help ease congestion in the most crowded part of the boardwalk and also separate the buskers from the city-hired performers.
Performers will be permitted within 4 feet of the oceanfront railing at the street ends of Fifth, Sixth, Seventh, Eighth, 12th, 13th and 14th streets, as well as next to the mid-block pavilions at Fifth, Eighth, 12th and 14th streets and within 4 feet of the bayside railing between Fifth and Sixth streets.
Entertainers must apply for a permit, which includes the fee that covers as many as four band members, the maximum number allowed. They may perform from 7 to 10 p.m. only at their designated spot, with no amplifiers, and must display their badge at all times while performing.
Wes Kazmarck, president of the Boardwalk Merchants Association, also address City Council, said his group unanimously supported the amendments.
“This is something that we have discussed in great detail with other merchants and the city. We are trying to work together here and make this work for everybody,” he said.
The main problem, Kazmarck said, is the performers disrupt the business district.
“It’s a district that we don’t have a lot of time to make a living and it is affecting business,” he said.
City Councilman Jody Levchuck, whose family owns JiLLy’s arcade and associated businesses, said he has a lot of respect for the entertainers, noting he is familiar with many of them from his time on the boardwalk.
“While I respect all of the entertainments and the reason why it’s done, you are in the minority,” he told those who took the opportunity to speak. “The majority is very disruptive, even to employees.”
He said he has had workers ask to go home because they are having a panic attack from music both inside and outside overpowering conversations.
But, he said, “it’s panhandling and I don’t think that’s appropriate for the environment that we all love.”
“What we’re doing is really helping out the overall dynamic and atmosphere of the boardwalk by not allowing it,” Levchuk said.
Councilman Terry Crowley said the increased fee is justified.
“There’s certainly a cost associated with the city managing this process,” he said. “By implementing these policies it will make it better for the entertainers, the tourists and the boardwalk merchants.”
In other business, City Council adopted a resolution extending the contract of East Coast Falcons for bird abatement on the boardwalk and beaches.
East Coast, the sole bidder, submitted a base bid of $328,012 (an increase of more than $11,000 over the previous contract) that includes a rate of $197 per hour or $2,360 per day. The contract will cover April 5 to Oct. 19, a total of 29 weeks and 139 working days.
According to a letter from Community Services Director Dan Kelchner, East Coast has had the contract since 2020 and its services have been “beyond satisfactory.”
“ECF has worked to greatly reduce disruptions by nuisance birds on our boardwalk, beaches, as well as certain interior areas where gull presence has become a growing concern for our business community,” he stated in the letter.
The program is a favorite of many tourists, who get to see the birds of prey up close while interacting with the handlers.
“ECF also does an outstanding job working with the city to create public awareness of the program and to promote the educational aspects … that are fascinating to so many residents and visitors,” Kelchner stated.
The program will begin at 8 a.m. each day
Another resolution adopted awards a $79,695 contract to Pyrotechnico Fireworks of New Castle, Pa., for a 15-minute barge-based display on the Fourth of July.
The contract includes options for a 15-minute barge-based display for Night in Venice on July 29 ($40,883) and a 12-minute barge-based display for Indian Summer on Oct. 7 ($61,065) and a 10-minute land-based display for New Year’s Eve ($13,455) for a total cost of $188,500.
City Council also authorized a $94,579 contract with Rileighs Outdoor of Allentown, Pa., for installation, removal and storage of holiday decorations.
Another resolution awarded a $678,619 contract to Northeast Plumbing Services for HVAC modifications at the Ocean City Community Center.
By CRAIG D. SCHENCK/Sentinel staff