The Tempe Development Review Commission approved a live music license for Rusty Taco Tuesday during a town hall meeting, allowing the Tempe location to host DJs throughout the week.
The license was approved unanimously after Council discussed live music and concerns about neighboring apartments.
“There’s a certain level of energy that goes along with it that you just can’t mimic with a playlist,” said Brandon Risk, manager of the Tempe Rusty Taco location. “It adds to that experience that we just don’t have right now.”
Since the location is Opening in July 2022, the restaurant only plays music from a set playlist through speakers. Risk wanted to add live music to keep energy levels up and customers going longer.
“They go to all the places that have the vibe, that vibe,” Risk said. “The main one that (it) it always comes down to … places like CASA and everything else CASA owns; they have the DJs, they play the new music, the hot music.”
Risk said that on the weekends, his diner leaves around 9:30 p.m. to hit the 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 challenged restrictions placed on the license, such as extending the curfew to 1:55 a.m. At that time, businesses would have to stop live entertainment and close their patio doors.
Chris Jasper, senior planner for Tempe, said the noise level anticipated from the live entertainment should meet the city’s requirements and remain confined to the restaurant.
“The intention is really to ensure that live entertainment is used after midnight … that everything related to broadcasting is contained in the package,” Jasper said.
Commissioner Larry Tom questioned the definition of live music and how having a DJ is different from a pre-recorded playlist. According to Jasper, Tempe’s rules refer to live entertainment as “any performance or participation in dancing, musical instruments or similar activities that is controlled or created by an individual,” which includes DJs.
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Rusty Taco’s operating partner, Daniel Fanelli, responded to the Council by assuring that there would be no change in sound levels, but rather simply a change in the presentation of the music.
“We are by no means a live music venue; we’re just a small restaurant (and) bar,” Fanelli said. “The reason we mentioned the landlord is (because) we’re obviously very concerned about sound levels as well.”
Rusty Taco was restricted from cooperating with the two apartment complexes located above and across the street from the restaurant. Risk said he has already worked with the complexes on noise levels.
“If they get a complaint, they can call me and say, ‘Hey, we’re getting complaints. Fix this. Okay?” Risk said. “We won’t because it has to be the same volume. We’ve been going for almost two years; never had a problem.’
The majority of customers are ASU students, ages 18 to 24, Risk said. Risk has been involved in the ASU communities through sorority and fraternity events hosted at the restaurant.
Risk launched the restaurant’s application for a license in May last year. The main purpose of having a DJ is to curate music that matches the energy of the customers at Rusty Taco.
After receiving the license, Risk wants to start recruiting DJs as soon as possible, hopefully before Cinco De Mayo. As for musicians, he said DJs are the main focus due to space constraints.
“It’s just the DJs because it’s a lot easier to set one person up than it is to set up a lot of others,” Risk said. “There’s not much room, you see, because… of course we’re in a tall building.”
Risk said live music will mostly be on weekends, with the potential to do a weekday special in the future.
“You don’t have to stand in line for 30 minutes waiting to get into a venue; come here instead,” Risk said. “We’ll have all the music, we’ll have the lights, all the stuff.”
Edited by Katrina Michalak, Alyssa Horton and Kaera Learmont.
Correction: A previous version of this story said the City Council approved the license, not the commission. The story was updated at 19:34 on April 10, 2024.
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