Malibu Film Fee Raises Industry Ire : Permits: Filmmakers and others object to charging for use of county- and state-owned beaches within city boundaries. Legality of plan is being studied.

A move by the Malibu City Council to charge fees for filming on state- and county-owned beaches within the city limits has raised eyebrows among county officials and film industry representatives who say the fees may be illegal.

The council passed amendments Dec. 12 on a film permit fee resolution that, effective Jan. 12, will create an in-house film permit office and establish a new fee schedule for television and film producers and commercial photographers. Currently, permits to film in Malibu cost $715 and are processed through the Department of Regional Planning’s Los Angeles County Film Office, with $400 of the fee going to Malibu and $315 to the county.

The amendment approved by the City Council called for the city to collect $600 for a standard permit to film in the city and $250 to film on beaches.

The city’s move to charge $250 to film on state- or county-owned beaches has drawn fire from county film officials and industry representatives. The city fee must be paid in addition to a county permit fee of $315, plus a daily fee of $400 to the County Department of Beaches and Harbors for beach maintenance.

“If the industry is on city property, then I feel they do have a right to charge,” said Stephanie Liner, director of Los Angeles County Entertainment Industry Affairs, a county agency that deals with entertainment matters. “But the city of Malibu does not have to recoup any fees to maintain the property on a daily or weekly basis. They should not charge a fee. It’s not a rental fee, it’s a use fee.”

The county counsel is currently exploring the possibility that Malibu’s fees are illegal, Liner said. Malibu City Atty. Christi Hogin argued that the city’s right to charge film permit fees to use private beaches and other property should extend to county-owned beaches. Hogin added that the fee is applicable to property within city limits.

“We just regulate filming anywhere in the city,” Hogin said. “We are not trying to over-regulate film permits. We’ve invited the lawyers (from the county and the film industry) to give us some authority that preempts the city from imposing a film permit fee.”

Another complaint being lodged against the city’s newly amended resolution is the creation of a second permit, an additional hassle that industry officials say makes Malibu unfriendly to film and television producers, who have a long history of using Malibu beaches for such popular programs as “Baywatch.”

“This isn’t just about money, it’s about double permitting,” said Kathleen Milnes, vice president of the Public Affairs Coalition of the Alliance of Motion Picture and Television Producers.

Milnes added that Malibu’s move is contrary to efforts among local government bodies to streamline the permit process. “Los Angeles city and the county are looking at consolidating their film permit processing,” she said. “There is a six-region area that is working with the Southern California Assn. of Governments and my organization toward creating a one-stop film permit process.”

About 350 film permits are processed each year for Malibu area beaches, generating about $150,000, Liner said.

The county dropped fees for photographers a year ago after modeling industry executives started using Florida beaches, where there are no fees. The county film office now charges a yearly fee of $100 to still photographers to use county beaches. Malibu’s permit fee for commercial photographers will be $100 per shoot when the new amendment takes effect.

The new fee drew criticism from a top modeling executive.

“If Malibu wants to compete, then they have to compete with the most effective competitors, and right now that is Miami and Arizona,” said Jack Maiden, director of fashion for Nina Blanchard Agency, a Los Angeles modeling firm. “I don’t know if they’re charging the fees just because they want to drive people away or because they’re doing it for revenues. But the long-term effects will be detrimental to all business.”