Estimated beginning in 2008, Come Back In started amplified happy hour music 5 days a week  with solo or duo musicians such as Robert J and Shelley Faith. Come Back In has continued summer  outdoor music since then.  

 When the pandemic hit, indoor music was not permitted in Dane County till late fall 2021. Come  Back In and neighboring bar the Up North (owned by the same entity) under the Prosit to You (Essen  Haus) PUD umbrella presented live bands ending by 10pm outdoors during the summers of 2020 and  2021. Come Back In hosted live entertainment Thursday thru Sunday and Up North Monday thru  Wednesday. After numerous calls in late summer 2021 from the neighborhood to the establishments  and trial and error of bands a plan to dampen the noise was made. The establishments bought a decibel  reader, made numerous bands sign contracts, moved stages to dampen noise, and became more  selective on which bands were appropriate to play outdoors.  

 Come Back In and Up North operated under the Prosit to You PUD  obtained in the 1990s approved live amplified music. The entertainment license covers all areas indoor  and outdoor the liquor license pertains to according to a city representative.  

 It was brought to the attention in late 2021 that the Up North lot line does not include the stage  area. The Up North stage was moved to sit on the Prosit to You premise in 2022 to dampen noise and to  adhere to clearer rules.  

 On Monday, May 23rd Alderman Benford of district 6, initiated a meeting with the  neighborhood, Come Back In, Up North, and Matt Tucker of Madison Zoning. To this date, Come Back In  had hosted 3 outdoor music events and Up North 3 outdoor music events in 2022 both ended by 9pm.The meeting was confusing to the attendees as zoning was brought up and the amount and  placement of tables was not updated since 1998. The 1998 map did have an outdoor stage. The  property is allowed up to 30 tables and has not exceeded that. The tables have been moved to make a  more comfortable post pandemic experience. Benford did not ask for a compromise, but the neighbors  and the establishments did verbalize they wanted one.  

 On June 21st, a private meeting was held at the city attorney’s office to discuss outdoor music. City attorney Zilavy,  owner Bob Worm, police chief Zanders, CBI/UN attorney Robert Procter, GM Kristina Pirius, and  Alderman Benford were invited. Alderman Benford did not attend the meeting. Chief Zander  communicated the numerous emails he was receiving from the neighborhood and his continuous  presence at the establishments. Zander explained that if you could not hold a conversation close to the stage, the music was too loud. Bob and Kristina communicated they wanted to find a compromise of  decreasing the nights of live music and stopping live music by 9pm. Unfortunately, this meeting did not  find a solution due to the absence of the alderman.  

 The police have been present at the establishments 5 times since the neighborhood meeting. All  5 times they have not stated that the music was too loud or disruptive to the establishments. Although there have been numerous issued complaints from the neighborhood, all requests to view the complaints  have not moved forward on the city’s part.  An open records requests was filed. 

 On July 18th, a zoom meeting was between Alderman Benford, City Attorney Zilavy, attorney  Robert Procter, Zoning Matt Tucker, numerous neighbors, owner Bob Worm,and managers. City Attorney Zilavy stated that due to the 1995 Prosit to You liquor license did not state the wording “outdoor amplified music”, all outdoor music in the past 27 years was in violation. Zilavy did state that Up North was not allowed live music on their lot line. All parties agreed with this statement. Some neighbors stated they wanted to find a compromise not a cancellation of outdoor  music. The Come Back In and Up North wanted a compromise too.  

 Just because the city of Madison did not put the wording “outdoor amplified music” in 1995  on the Prosit to You liquor license does not mean 27 years has to go to waste. Prosit to You did obtain an entertainment license that covered all areas that served liquor. Many of the employees and guests who are constituents of District 6 want live music at the Come Back In and Up North. It is important we are heard  and contact Alderman Benford!