Waikiki Shell law overrules rock star’s desire to ‘Stay’

Question: What is the fine for a concert at the Waikiki Shell that breaks noise rules?

Answer: The potential penalty is 1 percent of the event’s gross receipts or $500, whichever is greater, according to a city law that requires events at the Waikiki Shell to end by 10 p.m. and to not exceed prescribed decibel levels in the hours before that.

However, the city heads off violations by monitoring performances and cutting off the sound — as occurred at the April 6 concert that generated this question. Fans say rocker Jackson Browne was building up his classic encore combination, “The Load-Out” and “Stay,” with lyrics about wanting “to play just a little bit longer,” when the clock struck 10 and his microphone went dead.

The singer-songwriter apologized from the stage, saying that he was aware of the rules and wouldn’t risk “a big fine.” The decision was out of his hands by then, the sound having been muted.

Had a violation occurred, 1 percent of ticket sales would have amounted to several thousand dollars. Our rough estimate considers the Shell’s capacity (8,400) and official ticket prices for this concert ($70 to $130 per ticket), while recognizing that the concert was not sold out and that some fans may have paid less (or more) than the initial advertised price.

City spokesman Andrew Pereira pointed us to the applicable municipal ordinance — Chapter 41, Article 34 of the Revised Ordinances of Honolulu (808ne.ws/shellnoise) — and said that “all performers who utilize the Waikiki Shell agree to adhere to it.”

Throughout a performance “the decibel level is monitored by personnel with the Department of Enterprise Services to make sure that the limit is not exceeded,” he said.

The law prescribes that:

>> Sound levels for events at the Waikiki Shell, whether amplified or not, shall not exceed 68 decibels for more than 10 percent of the time within any 20-minute period as measured at or near the New Otani Kaimana Beach Hotel at the makai side of Kalakaua Avenue in areas zoned apartment, hotel or business. The noise limit applies from ground level to a perpendicular plane projected above the height of the high-rise buildings. For comparison’s sake, 68 decibels is slightly louder than background music but quieter than busy traffic.

>> This ordinance applies between 7 a.m. and 10 p.m. the same day, only at the Waikiki Shell.

>> ”Under no circumstances shall a tenant or performer allow events within their control to continue after 10 p.m.”

>> After a notice and hearing, a tenant found in violation will be “subject to a fine of not less than one percent of the gross receipts or $500, whichever is greater … or $500 for events for which no gross receipts are collected.”

>> Exemptions are allowed, including for occasional events of “significant cultural benefit to residents of Oahu.” These include New Year, ethnic and cultural festivals. There also are exemptions for one-time events that boost Hawaii’s tourism industry.

Mahalo

We pulled in to Harding Service Station on March 29 due to a loud noise from the bottom of my car. Blake came to our rescue although he had just gotten off from work. He took time to assist us in a big way so I could drive the car until I could contact the car dealer. We were glad that he went above and beyond. That left us with a good feeling that there are still people like him who live with aloha. We felt very blessed that day, especially since we were on our way to visit a friend’s 93-year-old mom, who was recuperating at a facility. May God bless Blake. — Senior couple

Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.