Controversial nightlife law nears completion
Tue, 03/20/2007
Seattle Mayor Greg Nickels' proposed nightlife ordinance, which would have sweeping effects on the area's bars and clubs, could be approved by the city council this summer.
The new rules aim to increase communication and resolve disputes between booming nighttime businesses and residents in the heart of dense neighborhoods. The proposal would also give the city more power over establishments that become neighborhood nuisances.
But the message from the director of the mayor's Office of Film and Music, James Keblas, was that it's just a few bad apples the city is after.
"This mayor is definitely not anti-nightlife," said Keblas, speaking at the Ballard Chamber of Commerce luncheon last week. "Ninety percent of club owners are great - it's the 10 percent that are problematic, but that makes enough of an impact."
The final proposal includes bars and other venues that meet specific crowd capacity standards. Business would have to obtain a nightlife license if they serve liquor between the hours of 10 p.m. and 6 a.m. at a density of one person per seven square feet within a space of 500 or more square feet.
Licensees would be required to abide by several operating rules, such as controlling noise levels, litter clean up and monitor 50 feet around the premises during business and for at least one-hour after closing.
Business owners must also "take all reasonable measures" to prevent violent criminal activity, amended from an earlier proposal that held owners responsible for preventing patrons from bringing in weapons or drugs. Complaint calls must be returned within 24 hours.
The cost to the business owner; $350 first time fee and $300 annually. Non-compliance or violation of the rules could result in fines and possible license revocation, but club owners would be given the chance to correct problems before violations are issued, said Keblas.
Two violations in a year can result in license removal, however, that can be appealed. The city estimates about 300 Seattle businesses would have to obtain the new license.
Keblas said it was several "high-profile incidents" surrounding some popular downtown clubs that led to the proposed ordinance. After it took nearly two years to shut down those bars, the mayor realized the city needed a better tool to deal with problem businesses.
"Everyone wants the same thing, to have a safe and vibrant nightlife," said Keblas. "It's really about protecting businesses and business interests along with the desire to deal with bad players."
The state liquor control board has 19 officers for the entire Seattle region responsible for investigating complaints and violations, such as over serving and selling alcohol to minors, said Susan Reams, a spokesperson for the state liquor board.
The officers are responsible for keeping tabs on the area's 3,650 licensees, including grocery stores, taverns and restaurants.
"That's a small number (of officers) for that number of licensees," and the number of liquor licenses is increasing, said Reams. "There's not a lot of funding in general for enforcement officers."
The city hopes the ordinance would help supplement what the state doesn't have the resources for, said Keblas.
It would be primarily bars and clubs impacted, while most restaurants would not be considered nightspots, he said. But some restaurant owners have argued that the ordinance is far too broad, affecting many places that aren't bars.
Keblas admitted that the messaging of the new ordinance has been "poorly executed."
The new ordinance and the city's push for good neighbor agreements, legal contracts that require businesses to agree to specific conditions like monitoring noise and restricting certain types of music, have come at the same time state legislators are debating new licensing requirements and costly sprinkler legislation for bars. That's left many within the industry feeling targeted, said Keblas.
A new coalition, the Seattle Nightlife and Music Association, has formed in defense of the city's proposal and other issues facing the industry. That organization has been actively pursuing changes to regulations in the ordinance it calls "onerous" and "broad."
One woman asked Keblas how the regulations would be enforced, especially since the police department is short staffed.
Keblas referenced the mayor's recently announced plan for "smarter policing" deployment that would send more officers to the busiest neighborhoods. The mayor also plans to hire 154 new patrol officers in the next several years and the Seattle City Council has already approved the addition of 49 positions by the end of the year.
For the north precinct, that means a greater emphasis on foot, bicycle and car patrols in the business districts in Ballard and other north Seattle neighborhoods.
One of the most contentious issues has been accountability, said Keblas. Because many bars are next door to each other, it could be difficult to tell what area each is responsible for monitoring.
"That will need some finessing," he said. "If we are going to regulate, we need to also make sure that we don't hurt the good businesses."
But some wonder what the ordinance would actually do to curb noise and irresponsible patron behavior. After all, the club owners don't have control over what people do once they leave their establishment.
Part of the problem is over serving, which is the state liquor board's domain. Later or staggering closing hours has been suggested as a way to lessen the impact of hundreds of people pouring out of bars at the same time.
With the influx of apartments and condos in Ballard the issues that come along with high urban density will likely increase here, Keblas said. He suggested the community work on educating newcomers about what to expect during Ballard's busy nights.
"Your problems are just beginning," Keblas said.
Council member Sally Clarks' economic development and neighborhoods committee is reviewing the proposed legislation and the full council expects a vote this June.
Rebekah Schilperoort may be reached at 783.1244 or rebekahs@robinsonnews.com