FERNDALE, Wash. — It appears the saga of the missing music at the Main Street Bar & Grill (MSBG) is over and patrons can soon expect to hear live music performances there once again.
MSBG owner Michael Crow said today he and the City reached an agreement that would allow live music at the MSBG, something the City had previously said could not happen unless a fire suppression water sprinkler system was installed.
During an appeal hearing regarding the City’s decision to label the business as a nightclub, thus triggering the sprinkler system requirement, the Hearing Examiner sided with Crow saying he could not see how the business fit the definition of a nightclub. The Hearing Examiner has since withheld issuing a formal opinion pending an agreement between MSBG and the City.
Crow said he and his attorney had been in communication with the City and their attorney since the hearing as they worked towards an agreement for going forward.
The terms of the agreement reached, according to a copy of the document received by My Ferndale News, include:
- Both parties agree not to seek damages from the other stemming from the City’s actions and the subsequent appeal.
- The City will grant MSBG a tenant improvement building permit that does not require installing sprinklers or other fire protection measures.
- MSBG will limit music to 3 nights per week; Thursday from 6pm to 9pm, Friday from 6pm to 10pm and Saturday from 6pm to 10pm.
- MSBG will not impose a cover charge on any night.
- Capacity rating will be reduced from 220 to 127 persons.
- City agrees to refund the appeal fee of $600.
- City will continue providing periodic inspections to ensure fire code compliance.
- Neither party assumes liability regarding the matter being appealed by accepting the agreement.
The agreement was signed by both parties effective November 27th.
Crow said they are making arrangements with live music performers to return to the MSBG and he hopes the first performance will be Thursday night this week.
Prior to Crow purchasing MSBG, live music was a primary draw for customers on Friday and Saturday nights and there was often a door charge. Crow has been saying he will be moving away from that business model, instead providing music that is “ancillary” to the dining and drinking experience.