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Oulman claims that, until recently, he'd had little problem with the liquor-licensing department. "When I had the big events, the outside events, I'd go down, apply for my permit, and then totally separately, I'd write to Diane [Hofstede, Third Ward councilwoman]. She'd tell me what her concerns were, things that were useful and insightful, and I'd address those with her." But then he started working with a new inspector, Dan Niziolek. "We didn't have individual territories until September 1; before that, inspectors were city-wide," explains licensing inspector Niziolek, whose newly assigned beat includes the 331 Club. "Another inspector passed me a complaint that burlesque was being presented, and I went to investigate it on September 16. There was burlesque and amplified music, both."
Cabaret and burlesque show Le Cirque Rouge de Gus performs twice a month at the 331 Club. Le Cirque is an ever-changing variety act that includes stripteases in which dancers disrobe down to panties and pasties. Frontwoman Amy Buchanan asserts, "Everything in our act is silly-sexy. It's not erotic, and 80 percent of the show is music and dance, not striptease." But, as all parties agree, the 331 Club's liquor license doesn't allow for stage shows with amplified instruments, let alone "adult entertainment." Niziolek didn't issue any citations to the club that night. But, Oulman recounts, "he brought up some ambiguous stuff on our license that needed clarification, and also brought up us doing Le Cirque Rouge. The burlesque stuff, he said, we weren't allowed to do."
The night of the 331's Halloween party, held the last Saturday in October, the inspector dropped by for another visit. Oulman had planned a large party at the club, with a DJ on the second floor of the building, a tent containing a freak show in the parking lot, and live entertainment, including Le Cirque Rouge, in the main barroom. "I had restricted the [Le Cirque Rouge] dancers from doing their striptease, and they were mad about it," Oulman says. "They made a statement onstage about the city. It was a disaster." "His impression," Oulman says of Niziolek, "was that I wasn't taking him seriously. So he gave me a big stack of citations." Le Cirques's Buchanan admits, "I'm a comedian. I had made some jokes about the city not allowing us to do burlesque. I don't remember what I said, but somehow, to him, that was offensive."
But inspector Niziolek demurs, "I did point out to Jarret a comment that was made, but I was already going to issue the citations." The inspector ended up issuing four citations, but the most damning document was the cease-and-desist order, compelling the 331 Club to discontinue its use of electrical amplification come November 14. "We can have a vocalist going through our PA system, and three instruments onstage without electric amplification," Oulman says, explaining the limits of the club's current license.
Officials in the zoning department have encouraged Oulman to file for a nonconforming use variance, but the earliest hearing date available would be the week of Christmas—which means the 331 Club is looking at two months of energy-conserving quiet time. "I'm trying to find people who can testify that there was live music in this building 40 years ago, before the city started regulating it, so we can be grandfathered in," says a determined Oulman.