Busking Laws in States

[Jo C]

Hi all,

Does anybody know what the law on busking is in the states? Or in NY and surrounding states, NC, WV, VA, TN and ID more specifically?

Thanks,
Jo.

[Tyler]

Man I had to go look that word up!
busking
depends on the state.

[daveboling]

It varies from area to area, but the consistent theme running throughout is the local governments requiring a business license so that they are guaranteed a piece of your action.

dave boling

[missy]

it'll actually depend on city or municipality regulations, not just state ones.

In our city - it's technically "illegal" unless you have a license. But as long as you don't block passerbys, and do not VERBALLY ask for money, the police usually won't make a big deal out of it. It's much better if you have "permission" from a business, etc. to set up in front of their area - or as we do, busk at the local outdoor farmer's market (with the organizer's permission).

There are a lot of areas in the Mid-West that people just don't "get" busking - and you'll hardly take in enough to make it worthwhile.

[Jo C]

If you're supposed to have a license but don't, how much trouble can you get into? I'm thinking of going to the states for a month or 2 this summer, and busking would bring in a useful bit of cash, but I won't have a work permit and they woudn't give me a license.

[gonzo914]

. . . depends on the state.

Depends on the state, and really upon the city. Busking, if regulated, would generally be covered by a municipal code, and licenses, where required, would be issued by city government. Unfortunately, in some jurisdictions it's looked upon as just another form of panhandling. So you should really check whereever you're going. Or narrow down the your request to see if anyone can give you information about a specific city.

[gonzo914]

If you're supposed to have a license but don't, how much trouble can you get into? I'm thinking of going to the states for a month or 2 this summer, and busking would bring in a useful bit of cash, but I won't have a work permit and they woudn't give me a license.

[feigned outrage]
Another example of illegal migrant buskers coming over here and putting american buskers out of work. Wait until Lou Dobbs hears about this. You know your day is going to suck when CNN shows up for your busking gig.[\feigned outrage]

But seriously, if you're a white person with a haircut, the worst that would happen would probably (and I stress the probably) be that you'd get told to knock it off. But if you are a minority or have hippie air or in any other way don't conform to the "normal white guy" model, it could (and I stress the could ) go differently. In some places, the cops are just the enforcement arm of the Chamber of Commerce, and if the Chamber of Commerce don't want no freaky people hanging 'round because it's bad for business, you'll get moved. One way or the other.

[fearfaoin]

I won't have a work permit and they woudn't give me a license.

Sure they would, you don't need a work permit. It's usually a small fee
and some paperwork in the local town hall or register of deeds.

But, in many cities you won't get in much trouble. I wouldn't try it in DC
or the NY subway without a license, though, you'll probably get a fine.
I doubt you'd get arrested anywhere for busking, the cops will either
write you a ticket or tell you to scram.

Where are you going in NC? I can't think of many places that have
enough foot traffic to make busking worthwile. You have to remember
that people drive their cars a lot in the US. Especially in the summer,
especially in the South. You might get some action in Asheville near
the Biltmore Estate, I suppose...

Oh! And Wilmington by the waterfront would be good, now that I
think about it.

[Redwolf]

It can vary widely. In Santa Cruz (CA) busking is legal, and no license is required, but there are some specific rules you have to follow:

1. No amplification

2. No blocking of sidewalks or parking spaces

3. Must be 15 feet from a store entry (I think 15 feet is the new distance...they changed it a couple of years ago. Basically, if you're on the side of the sidewalk nearest the street, you're OK. Technically, you're not allowed to play in doorway alcoves, even when a business is closed).

4. Must move to a different location after an hour (easy to do...downtown has plenty of street corners)

5. No busking in city-owned parking lots or structures

Downtown is very well-patroled, and the shopkeepers are very aware of what buskers can and can't do, so you can count on being told to knock it off if you're violating the rules, but so long as you're stick with the guidelines, no one will hassle you.

The only downside is that, on weekends at least, everybody and his brother is busking in downtown Santa Cruz, so it can be hard to find a place to set up, and you're competing with all kinds of interesting (and sometimes just plain weird!) acts for pedestrians' pocket change. On a given Saturday night, you'll often see The Poetry Guy (he'll write you your own poem for a donation), The Balloon Animal Guy (he's really good! Make you just about anything you like out of balloons for whatever you toss in the hat!), the man who juggles glass balls (well, acrylic, really, but they look like glass), the chick who reads Tarot cards, a group of really bad protest singers and several talented instrumentalists (including an awesome sax player and an equally awesome cellist).

On the other hand, in my home town of Spokane (WA), busking was illegal until fairly recently. It may still be illegal...I don't know...but one does see buskers in downtown from time to time, so if it is illegal, it's not being as strictly enforced as it once was.

The bottom line, though, is that you're going to have to check for each community you plan to visit, if you want to avoid any hassles. As someone else mentioned, usually if it's not legal, you'll simply be asked to move on, but if you're counting on busking as a way to help finance your trip, you may want to focus on communities were it's allowed and not too strictly regulated.

Redwolf

[hyldemoer]

I don't know about the East coast but back before 911 I had an acquaintance (I was always hesitant to call him a friend) who put a humble roof over his head and simple food in his belly busking with his sax 2 hours daily at O'Hare airport in Chicago.

One day I saw him going "to work" early.
The violin player who had the 2 hours scheduled (yeah, the airport busters all had an agreement back then) before his was out East auditioning to get into some symphony.
Since the 2 hours were open, my acquaintance decided he could put in some "over time".

Those days at the airport are past I've been told. 911 changed a lot of things.

In Chicago you need a city license to busk.
There are some areas that are off limits to buskers because some of them have disturbed residents and merchants in the past. (Thank you "bucket boys".)

Caught without your plastic ID tag clearly displayed the police will remind you to display it. (Some fiddlers I've met never go anywhere without their plastic ID tag clipped on their fiddle case as if its a badge of honor.)

Caught without it, depending on what mood they're in the police might only suggest you move on
or
they might take you down to the station and let you sit in the lock up until someone bails you out.

If a person wanted to travel simple supplementing with money earned making music, wouldn't it be easier to contact churches before hand and see if you could provide music for their services in exchange for some home hospitality?

[Wanderer]

It's different city by city. In houston, it appears to be illegal to busk in public parks, a park being defined pretty much as "anything controlled by the Director of Parks" which may not be an actual park..esplanades seem to fall under this category, for instance. See chapter 32 of the Houston City Code.

http://www.municode.com/resources/gatew ... 123&sid=43

article II, Sec. 32-26 specifically says
"It shall be unlawful for any person to play any musical instrument within the parks other than for his own enjoyment, provided that such person shall not thereby encroach upon the use and enjoyment of the parks by others."

I couldn't find any information in the law about busking on private property such as in a business or the doorway of a business, so it may not be regulated...

So as others have recommended it's best to ask the city hall or police of the specific locations you're going to be at.

[Redwolf]

Most churches have their own musicians and/or musical programs, and many have requirements regarding appropriate music for services. When they do bring in different musicians, they're almost always someone whose abilities are known to someone in the congregation and who will work with the music director. It's no easier for an unknown musician to get room and board for playing for a church service than it is to line up paid concert venues.

I'd say you have a better chance finding out where you can and can't busk legally and planning your trip accordingly.

Redwolf

[Sliabh Luachra]

The supreme court has decided (several years ago) that it is unconstitutional to ban busking in the US. However, localities can still make it difficult to obtain a permit. You need to check with the local police departments and local governments. If any of them tell you it's illegal, they're wrong. It usually isn't worth it, however, to argue about it.

Mark

[gonzo914]

A couple of other points --

When you're busking, you're working, and hopefully, you're earning income. And that income is taxable by the feds, by the state (most states) and by the city, county or school district in which you are working. You are technically responsible for these taxes. If you earn enough busking in 2 months to incur a federal income tax liability, you're doing pretty damn well. But some state and municipal taxes are a straight percentage with no exemption, and you're supposed to pay them.

Also, your visa probably doesn't allow you to work, which presents another problem. You probably can't get a Social Security Number, so it's kind of hard to pay taxes. And it's likely a violation of your visa conditions if you are caught working.

The chances of your getting caught at any of these are extremely remote, but the probability is still non-zero and positive, albeit very low. And the consequences are a lot greater that just being asked to knock off the music and move along.

The point of this is to stress that you not piss off the cops if they do show up and ask you to move. Just move. If I piss off the cops, the worst that will happen is that I get arrested (discounting the chance off getting thumped). If you piss off the cops, the worst that can happen is that you'll get arrested, they'll call immigration and even drop a dime to the IRS if you really irritated them. Ordinarily, city cops don't give a crap about immigration violators or tax cheats, but if you push it with them, they can make things suck for you.

[s1m0n]

I've always found that if you find the local cop or cop shop, look clean cut, and ask them politely before setting up, you'll be OK. They'll tell you if its a really bad idea and they're more likely to tell you "go ahead, but don't say I gave you permission", but either way you're shielded from surprise tickets.