One of the liveliest contests in local politics this fall is playing out
in Richmond’s Second District councilmanic race. The district includes
most of the Fan District, all of Scott’s Addition, some near-in aspects
of Northside and most of the artsy blocks
of the official Arts and Cultural District.
The incumbent is Charles Samuels, 36, an attorney. The challenger is Charlie Diradour, 48, a real estate developer/landlord.
Both men are members of the Democratic Party. Both have been active in
the Fan District Association. Both have had a lot to say about
Richmond’s arts and entertainment scene. Both have raised enough money
to conduct serious campaigns, no one should be surprised
if the race stays close all the way.
In August, via telephone and email, the two busy candidates agreed to
answer questions about local government’s interaction with arts and
entertainment.
Question: Are you happy or
unhappy with the City of Richmond’s current laws that seek to control
noise emanating from entertainment venues, restaurants, happenings at
art galleries, etc.? Please explain what you plan to
do about this issue, if anything, should you be elected.
Diradour: The noise ordinance is a
great concept. The ordinance, however was poorly written. In fact the
first ordinance as passed by Council was deemed unconstitutional. For a
city as alive as RVA, we need to consider
that noise is part of life in an active social community.
If I am elected, I will bring business owners, residents, The Richmond
Police Department, and attorneys together to craft a new ordinance that
better reflects the needs of our community. Noise pollution is one
thing, but stifling arts and entertainment is quite
another.
Samuels: As the member of Council
who drafted and introduced the measure to limit noise, I feel it is
about the best that we could do in terms of balancing the quality of
life rights of all parties, specifically the right
to have fun and the right to the peaceful enjoyment of your home.
Noise emanating from commercial and business establishments are not
governed by the current noise ordinance (unless they are heard inside
multi-unit dwellings or on residential single unit dwellings). However,
there have been zoning laws on the books for decades
that regulate noise from businesses in some zones. As we learned during
the drafting process of the current sound control ordinance, there are
always ways to improve ordinances like this, but I’m proud that
community leaders, stakeholders and residents came
together to make it work in the end. I am certainly open to tweaking it
if it can be improved.
Analysis: Diradour seems to get
it when he says “noise is part of life” in the city. How he might get
“business owners, residents,” etc., to all agree on where to draw the
line on what’s acceptable in the way of noise
is another matter. No doubt, Samuels was trying to do something along
those lines, but then it got complicated…
There are many quiet neighborhoods in Richmond. Others less so. Most Fan
District residents, who’ve lived with its shops, offices, schools, busy
sidewalks and streets, and its bars, have grown accustomed to what
noise routinely exists in their neighborhood.
Trying to make the Fan or the Arts and Cultural District as quiet as
Windsor Farms won’t improve Richmond.
Noise has to be judged in context. A city cop ought to be able to
determine whether an offensive noise constitutes disorderly conduct
within the moment’s context. A noise patrol searching for bad decibels
isn’t going to make Richmond a better city, either.
Question: Are you in favor of
abolishing Richmond’s seven percent admissions tax? If “yes,” what is
wrong with the tax? If, “no,” why should it remain on the books? If
elected, what, if anything, do you plan to do about
this issue next year?
Diradour: The 7% admissions tax
is punitive in it's nature, in that it keeps small businesses from
opening and, in fact, may indeed be a reason for some to have closed.
Often, one hears the argument that the tax is borne
by those who come from outside RVA's boundaries and is therefore a tax
that doesn't effect city dwellers. I would make the argument, that lost
revenue due to what amounts to a doubling down of the gross receipts tax
is weighing down our arts and entertainment
communities. I would vote to abolish it.
Samuels: Yes, but local
government revenues are down substantially due to significant cutbacks
in state funding and declining real estate revenues. I am not convinced
we can afford to cut one source of revenues without
replacing those dollars from another source. The admissions tax is much
like the City’s meals tax. Only customers of entertainment venues pay
it. Yes, it adds to the total cost of the experience, but it is not paid
by the host or promoter, it is part of the
ticket cost paid by guests. Interestingly, the City may provide a lower
rate for non-government owned civic centers, stadiums or amphitheaters,
but there is no authority regarding movie theaters, theaters or other
venues. I am also considering returning to
the General Assembly to lobby to address this issue.
How much does it actually account for? The admissions tax city wide
accounts for .4% of tax revenue for 16 cities. Richmond is below the
median and collects approximately 1.2 – 2 million from this tax. The
median admissions tax rate for cities in Virginia is
7.5% with a maximum of 10% in 7 of those cities.
Analysis: Diradour says he will
vote to abolish the admissions tax. Yet, while he seems to know it
should go, it’s less clear by his answer why he thinks so.
When Samuels says the admissions tax is “much like the meals tax,” he reveals
a lack of understanding of how those two very different taxes work. As
it actually plays out, in effect, the hosts and promoters do pay the
tax.
The public is mostly unaware that an admissions tax has been included in
the price of a ticket. With the meals tax the customers can see the tax
on their checks, it isn’t built into the price listed on the menu.
Taxes on meals are collected in all jurisdictions, the percentage
varies. Samuels doesn’t mention that the surrounding counties,
Chesterfield and Henrico, don’t have an admissions tax, which puts their
theaters at a marked advantage over theaters in the city.
If a theater in Henrico and one in Richmond take in the same amount on a
day’s gross receipts at the box office -- where the ticket price was
the same -- the venue in the city yields seven percent less to its owner
and the movie’s distributor.
Charlottesville doesn’t have such an admissions tax, either. Which is a
significant reason why that particular city’s live music scene is
thriving.
Note: In conversations prior to
receiving this set of questions, Diradour seemed much more interested in
finding a way to get rid of the admissions tax than did Samuels. The
incumbent was less impressed with the notion
that doing away with that one tax would spawn new streams of revenue
for the City, to more than make up for what is now being collected on
ticket sales.
Question: Beyond what’s already
been covered, what do you think City Hall ought to do to help those who
work in Richmond’s entertainment industry to make a better living? And,
what measures can the next council take to
encourage more privately-financed show biz venues to open in this city,
initiatives that you will support?
Diradour: If anything, The City
needs to support artists by creating tax incentivized live/work spaces
in The Arts District. The creative class will help bring RVA back.
According to Richard Florida, Author of The Rise
Of The Creative Class, 40 million Americans create for a living.
Creativity is found in the sciences, arts, trades, and a broad spectrum
of other financial endeavors. The creative class has an immense impact
on cities, as they choose to live and work in an
environment that fosters their best opportunity for success.
Samuels: I was active in lobbying
the General Assembly to win approval for localities to create more than
one Arts & Culture Districts and I wrote the City’s initial Arts
& Culture District ordinance. I am pleased that
the expanded district that was ultimately approved includes my original
boundaries as its core, with increased incentives to encourage private
sector initiatives and development.
Aside from reducing City government waste, I want to focus on ways the
City can encourage job creation. We have the ability to create
additional Arts & Culture District and to use that a template to
create Tourism District(s). I also want to pursue exempting
new qualifying businesses from the BPOL taxes in revenue neutral way.
That would certainly benefit newcomers to our entertainment industry and
all industries. Job creation is key.
But in addition to the Art and Culture ordinance I drafted, I also wrote
and introduced the nightclub licensing paper that was approved by my
colleagues last year.
Admittedly, Council got some push-back on this issue, but after a string
of violent crimes and deaths near clubs in our City, something had to
be done. The deaths of young people that just went out to have a good
time is not an appealing part of a nightclub
area – it actually discourages many from going there. I’m not opposed
to nightlife. I’m trying to stop night death.
And this ordinance has worked. Violent crime is down around these
previously dangerous areas in the Bottom, and I am further convinced
that this measure has forced nightclubs to take better responsibility
for their patrons as they leave their premises. Having
safer streets and better accountability can only further enhance the
entertainment industry in Richmond.
Analysis: Both guys see the need for crafting a better noise ordinance, while they may disagree on where to draw the line for too loud.
Samuels seems more interested in having the local government closely
monitoring the nightlife scene than does Diradour. One has to wonder
whether “nightclub licensing” will really have the long-term positive
effect on Richmond’s crime rate that Samuels suggests
it has, to date. What such oversight could do to address any of the
violence embedded in today’s culture isn’t clear.
Samuels wants to wait for the economy to improve before trying to do
away with the admissions tax. But in good times, over the last 40 years,
nobody in City Hall has talked much about getting rid of that tax.
Samuels shrugs off what show business insiders say about how more shows
of all kinds would come to Richmond without that tax in place. They say
Richmond needs to wise up to what cities like Nashville and Austin
already know -- admission taxes are bad business,
because they stifle the growth of an entertainment scene. Those
insiders aren’t saying all taxes are bad, or too high; their complaint
is just about one bad tax.
Diradour’s mention of Dr. Richard Florida will please some of the people
who have had a direct hand in establishing Richmond’s Arts and Cultural
District -- the pioneers/the creative class.
Samuels’ mention of lobbying the General Assembly to help the Arts and
Cultural District will be seen in a favorable light by the developers
who are investing in the area’s future -- the second wave/the money.
To be located at Belvidere and Broad Sts., VCU’s new Institute for
Contemporary Art will surely have a positive ripple effect on the
surrounding neighborhood, especially the Arts and Cultural District to
the east. Adding to what’s already going on in that area,
the new galleries, shops, theaters and restaurants currently in various
planning stages will eventually open to bring more tourists into the
middle of the city.
Now City Hall is on the arts and entertainment bandwagon and next year
either Diradour or Samuels will be trying to speak on behalf of the best
hopes for the Arts and Cultural District’s future.
The winner of their contest will have a lot to say about whether the new
bandwagon stays on the road to brighter days for Downtown Richmond, or
it breaks an axle on a familiar pothole.
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