Street musicians

KVUE's Noelle Newton reports

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Police set the record straight on the legality of street musicians in downtown Austin.

On 6th Street, Brandon Appleton's banjo playing draws a crowd. They show their appreciation in cash. He doesn't even have to ask.

"Thank you sir. Thank you very much," Appleton expressed his appreciation for a tip.

"I just think it's what makes Austin. Man that guy can play that banjo. Play it good," said Mark Malone, fan.

Appleton is a street musician. His venue is the sidewalk.

"I love banjos. I've played guitar since I was 13 and I picked this up two years ago," Appleton said.

Police say it's legal for him to have an open guitar case for people to leave tips, but that's about it. Monday night the Austin Music Commission met with police and a city attorney to clearly define the limits of his profession.

"We're trying to do this for those folks who are trying to play music and want to know what their rights are," said Austin Music Commission Chairman Brad Stein.

The topic came up for discussion in September when -- for the first time this year -- police handed out a solicitation ticket to a street musician. Commander Chris Noble explained the police department's interpretation of the law.

"The ordinance will not be enforced unless there is verbal or written communication," Noble said.

"Even if there is a container out and there's money in it, it's not going to be considered solicitation," Assistant City Attorney David Douglas said.

Appleton is safe because he does not ask for money. But, as we learned shortly after our interview, musicians will be ticketed if they're sitting on a sidewalk in the downtown business district. It's against city ordinance. Appleton burned the ticket in front of us, and says he won't show up in court. Now he's looking for a new place to play.

"It sucks. The cops have corralled me around," Appleton said.

Police say they are mandated to first give a warning to those who break city ordinances. If the behavior persists, they will issue a ticket.