New nightlife law not needed say club owners
Tue, 06/12/2007
West Seattle bar owners encouraged city leaders to nix the idea of a nightlife license and instead hire more police and enforce existing noise, litter and public intoxication laws.
Dozens spoke out at a pubic hearing last week against a proposal being considered by Mayor Greg Nickels and the Seattle City Council that would require certain venues to obtain special licenses and comply with operating standards to control noise, litter and crime.
Representatives of the nightlife industry say the legislation puts too much financial and policing pressure on owners and employees, threatening the livelihood of a lucrative Seattle industry.
Nickels proposed last year that bars and clubs that serve alcohol after 10 p.m. and meet a specific crowd density threshold be required to obtain a $300 annual nightlife license. It's estimated that about 300 businesses would meet those standards.
The city could fine those clubs or pull their licenses if they didn't comply with the new rules.
Business owners expressed confusion and frustration with council members, who weeks ago seemed to support a less stringent form of legislation but have now said they would support most of Nickels' ideas.
Council member Sally Clark, chairwoman of the Economic Development and Neighborhoods Committee that's reviewing the legislation, and council member Jan Drago, said nothing has been decided and public comment is still being sought.
The council should vote on the legislation June 21.
The proposal aims to improve communication and resolve disputes between booming nighttime businesses in the heart of dense neighborhoods, according to the mayor. The idea also stems from a few high profile incidents at downtown clubs.
At the hearing last week impassioned speakers told council members that the problem is with a lack of police presence and putting the burden of enforcement on the business owner was a step in the wrong direction.
Hire more police and avoid adding another layer of red tape, they said.
Matthew Darling, manager of the Skylark in the Delridge neighborhood, said he's most concerned with a provision that requires business owners to patrol 50 feet around the premises for at least 30 minutes after closing time.
That would mean doubling his staff, training them to become security guards and asking them to do things unrelated to their jobs, he said.
Darling wondered why his business is being punished for the mistakes of other irresponsible club owners. There have been no incidents involving drugs or violence at the Skylark, he said.
"That's my responsibility," Darling said. "Policing an entire block of residences and businesses shouldn't be."
Dave Montoure, owner of West 5 and president of the West Seattle Junction Association, called the legislation "disturbing" and said the city should instead "bolster existing regulations."
While the majority spoke out against the proposal, some were in favor.
Alki resident Peter Stekel said he's concerned about "bars masquerading as restaurants."
"Restaurants must not be allowed to operate as bars after 10 p.m.," he said, adding that after one violation an establishment should be shut down.
"I believe in zero tolerance," he said.
Such businesses also shouldn't be allowed in Neighborhood Commercial zones where residences are often close to business districts, Stekel said.
"It's asking for trouble," he said.
One Belltown resident said he's come up with a cheap and easy solution for dealing with amplified noise levels at night. Earplugs.
"Seattle is a music Mecca and to put a damper on that would be a shame," he said.
The details of Clark and Drago's new proposal have not been released.
Among the changes, the council plan would impose lighter penalties for violations of the new license, but stricter penalties for violating the city's noise rules, create a nightlife enforcement unit and authorize a nightlife advisory board to hear appeals when clubs are fined or their licenses are revoked by the city.
Tim Hatley, a lobbyist hired by the Seattle Nightlife and Music Association, said Clark's recent proposal goes far beyond what the mayor proposed. It includes allowing city departments more authority for noise abatement, making it easier for the city to shut down clubs, he said.
He's frustrated that the council is seeking public comment while very few details of a revised proposal have been released.
"We don't know any of the elements of the new proposed license..." he said. "I've never seen anything like this in my nearly 20 years of working in and around legislative bodies."
The legislation also doesn't take into account the potential economic impacts to the city's music and nightlife industry, he said.
Clubs and taverns are the single biggest employer and produce the most revenue among the music sector, but one of the biggest challenges facing the industry is a lack of small venues for performers and bands.
City leaders say they want to support nightlife but are "embracing a set of new, and in some cases heavy handed, regulations that will hurt the ability to maintain and expand our smaller venues," said Hatley.
Clark insisted that the council is looking to protect Seattle's nightlife.
"It's part of what we're known for and we can encourage and keep that," Clark said. "But you have a right to a safe neighborhood, as well as a vibrant one, and residents have reasonable rights to levels of noise and chaos in their neighborhoods."
Rebekah Schilperoort may be reached at 783.1244 or rebekahs@robinsonnews.com