Okay, before you even start to read, I’m warning you: this is one of my rant columns.

As many of our regular readers know, there’s been a growing problem in New Orleans regarding the amusement tax. The City Council recently reduced the tax from five to two percent, did away with the numerous exemptions and has stated the tax will be applied across the board instead of to the few music clubs who were carrying the lion’s share burden of the tax. It’s not the best solution, but it’s a step in the right direction (We’d rather there was no tax on live music at all).

You may recall from some of my earlier opinions in this space that the City of New Orleans seems hell-bent on harassing anyone who presents live music. Some of these “presenters” include record stores, who regularly schedule in-stores to promote and showcase music (mainly of local musicians). This exposes more people to the music, which, if they like it, leads to buying more retail music. More CDs are sold by the music retailers; more sales taxes are collected for the city’s coffers; more musicians make money; musicians buy stuff; musicians pay sales taxes. The city brings in more tax dollars. Sounds simplistic and makes sense, right?

Wrong.

The City is now trying to limit in-store performances at music stores. Councilman Troy Carter (his district includes the French Quarter where the Louisiana Music Factory, Tower Records and the Virgin Megastore are located — all of which showcase live music at in-stores) introduced an ordinance that limits performances in “music stores with live entertainment” and “restaurants with live entertainment” in his district.

Carter is calling for these music stores — whose business is primarily selling CDs and other music products — to be limited to only four performances a month, with performances being limited to a total of two hours per day. All performances must end by 7 pm and on weekdays can only occur between the hours of 5 pm and 7 pm.

Restaurants are also limited to four performances per month, with limitations of six hours per day. Performances have to end by 11 pm and on weekdays can only occur between 5 pm and 11 pm.

In both cases, city noise ordinances must be complied with, soundproofing must be adequate, and no cover charges are permitted.

Somehow, I don’t equivocate live music at a restaurant with an in-store performance at a record store. I realize that both activities constitute promotional activities to entice customers into a retail establishment. Live music makes the environment at a restaurant more pleasant for patrons; the musicians are paid for their services. The restaurant hopefully profits from this.

But in the case of retail stores, musicians are not paid. In-stores are used primarily as a “sampling” mechanism for CD buyers to hear music they may potentially purchase from a specific band or musician. The musician does it because he or she knows that it may benefit their CD sales directly. It’s the equivalent of a wine tasting at a wineseller’s, a book signing at a book store, or a fashion show at a retail clothing store. The in-store represents some local musicians’ only shot at selling some of their products to consumers. Note here I say local musicians, which constitute the vast majority of in-stores in the French Quarter.

I understand that some limitations might apply to make sure that traffic isn’t impeded, and that performances aren’t overly noisy, but isn’t lumping record retailers’ in-store performances in with restaurants a bit ridiculous?

I would urge Mr. Carter and the rest of the City Council to reconsider this ordinance and to please understand that the music business in this city extends beyond jazz brunches and piano bars. The real music business in New Orleans lies in the development and encouragement of the recording industry. Putting such strict limits on local musicians’ ability to sell their recorded product does our music industry and musicians a disservice.

I would also encourage the City Council to become more educated on how the music industry works (OffBeat will be happy to put together some educational information for their benefit). And finally, the city Music & Entertainment Commission should also become more involved in being a watchdog in situations like this.

Musicians: take heed. If you’re not aware of the political process that can affect your livelihood, then you’d better get used to living on a pittance and having your profession seen as being on the “back of the bus” when it comes to the economy of this city. If you don’t become involved in changing things, then don’t bitch when you get the short end of the stick. I’d suggest you write your mayor and city councilman and express your dismay at this turn of events — and how it might affect your musical career. If enough of you make a noise, they will listen!

The Louisiana Music Commission is conducting a survey of Louisiana record labels in an attempt to quantify the industry for the upcoming MIDEM conference in Cannes, France. MIDEM is the place to be to do business in the international publishing and licensing world. Contact the LMC for more information, (504) 942-8154.

Last but not least: the 1998-99 Louisiana Music Directory is currently in preparation. We’re running the LMD change of address form in this issue for your convenience. We’ll mail the forms statewide in the next few weeks, along with a survey form and some special free offers for participants. If you have a musical group that’s not listed in the LMD, or if you have a music-related business, send us the completed form on page 23 for your free LMD listing. Deadline to submit information is July 24, 1998. Or call Danielle at the OffBeat office at 504-522-5533.