The Tempe development review commission approved a live music license for Rusty Taco on Tuesday during a city hall meeting, allowing the Tempe location to welcome DJs throughout the week.
The license was unanimously approved after the commission members debated about live music and concerns about the neighboring apartments.
"There's a certain energy level that goes along with that, that you just can't mimic with a playlist," Brandon Risk, the manager of the Tempe Rusty Taco location, said. "It adds to that experience that we just don't have right now."
Since the location's opening in July 2022, the restaurant has only had music played off a set playlist through speakers. Risk wanted to add live music to keep energy levels up and customers in longer.
"They're going to all the places that have the vibe, that atmosphere," Risk said. "The main one that (it) always comes down to is ... places like CASA and everything else that CASA owns; they have the DJs, they play the new music, the hot music."
Risk said on the weekends, his dinner rush leaves around 9:30 p.m. to go to clubs on Mill Avenue. Risk's goal with live entertainment is to keep them there and in an upbeat atmosphere.
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Risk contested limitations put on the license, such as extending the license curfew to 1:55 a.m. At this time, the business would have to stop the live entertainment and close its patio doors.
Chris Jasper, a senior planner for Tempe, said that the level of noise projected from the live entertainment must meet the city's requirements and stay confined to the restaurant.
"The intent really is to ensure that the live entertainment use after midnight ... that everything associated with the broadcast, is all contained within the suite," Jasper said.
Commissioner Larry Tom questioned the definition of live music and how having a DJ was different than a pre-recorded playlist. According to Jasper, Tempe's rules refer to live entertainment as "any presentation or participation in dancing, musical instrumentation or similar activities that are controlled or created by an individual," which encompasses DJs.
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The operating partner of Rusty Taco, Daniel Fanelli, responded to the commission ensuring no change in volume levels would occur, but rather just a change in the presentation of the music.
"We're not a live music venue by any means; we're just a small restaurant (and) bar," said Fanelli. "The reason we brought up the landlord is (because) we're obviously very hyper-concerned about the volume levels as well."
Limitations were placed on Rusty Taco to cooperate with the two apartment complexes located above and across the street from the restaurant. Risk said he has already worked with the complexes about noise levels.
"If they get a complaint, they can call me and say 'Hey, we're getting complaints. Fix this. Okay?'" Risk said. "We're not going to because it's got to be the same volume. We've been going for almost two years; I've never had a problem."
A majority of the customers are ASU students, ranging from ages 18 to 24, said Risk. Risk has been involved with ASU communities through sorority and fraternity events hosted at the restaurant.
Risk started the restaurant's application for a license last May. The main goal of having a DJ is to curate music that matches the energy of the customers within Rusty Taco.
After obtaining the license, Risk wants to start getting DJs in as soon as possible, hopefully before Cinco De Mayo. As for musicians, he said DJs are the main focus due to space restrictions.
"It's just the DJs because it's a lot easier to set up one person than it is to set up many others," Risk said. "There's not a lot of space, you know, because ... of course, we're in a high rise."
Risk said live music will be mostly on the weekends, with the potential of doing a weekday special in the future.
"You don't gotta go stand in line for 30 minutes to wait to get into a place; come over here instead," Risk said. "We'll have all the music, we'll have the lights, all the things."
Edited by Katrina Michalak, Alysa Horton and Caera Learmonth.
Correction: A previous version of this story said the city council approved the license, not the commission. The story was updated at 7:34 p.m. on April 10, 2024.
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