THE ORDINANCE adopted in 2005 that allows restaurants and bars in Carmel to have live music expired more than a year ago, but nobody realized it.

That is, until associate planner Marc Wiener discovered that the law — which overturned a 66-year-old ban on venues that serve alcohol from having live musicians entertain their customers — included a sunset clause effective Nov. 6, 2011. The law amended Carmel Municipal Code sections on “public peace, morals and welfare” that made it illegal for anyone to hold a public dance “or any form of entertainment” or play live instruments anywhere alcohol was sold and served.

At the Feb. 13 planning commission meeting, he asked commissioners to recommend the city council readopt the law, this time with no sunset clause, so it doesn’t fall off the books again. He also suggested removing the requirement that businesses renew their live-music permits every three years, in order to save city employees’ time.

“The city has issued several permits over the last four years, and there have been very few complaints related to live music activities,” Wiener said in his report.

Chairman Michael LePage noted that violators are subject to enforcement actions, making the three-year renewal requirement somewhat superfluous, so he supported Wiener’s suggestions.

“If the applicant is violating, they are reminded of the conditions,” he said, observing that the city also has the power to revoke permits when people don’t follow the rules.

LePage made a motion to recommend the council reauthorize the ordinance as Wiener had suggested, and commissioners unanimously agreed, except for Steve Dallas, who had left the meeting by then due to illness.

After the meeting, Wiener told The Pine Cone the city has approved three live music permits since the ordinance expired, and they will have to be reissued by the planning commission after the law is back on the books. In total, there are fewer than a dozen active permits for live music at venues that serve alcohol in the city.

The city council was initially set to consider reauthorizing the law at the March 5 meeting, but the matter was pushed to the April 2 agenda, according to Wiener.