Proposed nightlife law opposed

Some West Seattle bar and restaurant owners say they are opposed to a draft proposal from Mayor Greg Nickels that would force establishments to get a special nightclub license and meet stricter noise and safety requirements.

Some also say the proposal and would give the city too much regulatory authority.

Gerry Kingen, owner of Salty's on Alki, said he's ready to battle Nickels' proposal "tooth and nail."

"If Nickels wants a fight we'll take it out on the street," said Kingen. "I don't like government meddling. Even good intentions can go awry."

The city defines a nightclub as any business that after 10 p.m. has "amplified live entertainment, or recorded music conducted by a disc jockey, sells liquor and has an occupant load of 50 or more people."

The proposal outlines a series of operating rules, such as requiring business owners to patrol within 100 feet of their establishment starting at least 30 minutes before and after closing time. Staff must also prevent people from entering the club with weapons or illegal drugs.

A license could also be taken away if sound coming from a nightclub or an adjacent area is heard from "inside a residence or business for a continuous period of 20 seconds or longer."

The mayor feels the proposal is necessary because of increased tensions between the growing number of residents, businesses and entertainment venues in Seattle, said James Keblas, director of the mayor's Office of Film and Music.

The mayor's nightlife task force met with city officials last week to discuss the proposal. At the meeting, a new lobbying group comprised of some bar and club owners throughout Seattle submitted a list of their concerns to the task force. A new proposal is expected from the mayor within the next few weeks and could be presented to the Seattle City Council by the end of September.

"A lot more conversation still needs to happen before any final documents get proposed as legislation to the city council," said Keblas. "I can assure you the mayor wants a vibrant and safe nightlife scene and music industry in Seattle."

But as the ordinance is written now, Salty's, which has live music two nights a week and closes by 11:30 p.m., would be considered a nightclub.

"We have a trio band and a piano player," said Kingen. "To call us a nightclub is just ludicrous."

Several bar owners across the city have similar concerns. The Seattle Nightlife and Music Association, which formed to fight the proposal's "onerous regulations," is largely concerned with a portion of the ordinance that grants extensive powers to the city, said Tim Hatley, a lobbyist hired by the industry group.

The ordinance gives the director of the city's Department of Executive Administration the discretion to establish conditions in addition to the operating rules, such as requiring a certain number of security guards and even limiting times and days of entertainment.

"There's no parameters--there's nothing in this ordinance that promotes a vibrant nightlife in Seattle," Hatley said. "The noise ordinance is a very subjective and non-measurable standard."

The ordinance would also create a city appointed nightclub advisory board, comprised of residents and nightclub licensees to work with the clubs on compliance of the new rules. But most of the regulatory authority would still fall to city departments, rather than an independent group, said Hatley.

Some business owners think the proposal is a direct result of the influence some neighborhood activists-who are upset about noise in their communities-have on the city. Kingen believes the ordinance is being driven by "powerful groups of community members with an agenda."

"There is a very proactive community on Alki that gets rabid three months out of the year because people come to enjoy a public park," he said. "The politicians are pandering to these neighborhood groups. They are their constituents. But you still have to have reason, fairness and equity."

Bonnie David, a managing partner for Salty's on Alki and president of the Aki Business Group, said she's concerned the cost of paying for more security and soundproofing would hurt smaller businesses.

"It might topple them over," she said.

The cost of hiring extra security would be enough to shut down the Rocksport Bar and Grill on Southwest Alaska Street, said the owner Dan Beeman.

"There's no question it would hurt my business," Beeman said. "It's a night and day deal. There's no way we could comply, I just don't see it being possible."

Club owners want increased security in and around their establishments, but police surveillance around the West Seattle Junction bars is nearly non-existent, said Beeman.

"The number of liquor licenses in the area has gone up but there's no police presence," he said. "It would be great if (the police) would just walk through once in a while."

In addition to the proposed ordinance, the city's Department of Planning and Development has begun requiring several bars and restaurants to obtain a drinking establishment permit because of noise complaints. Those permits require additional limitations and stricter noise standards.

The city has also tried to get several establishments in Seattle, including Slices on Alki, to sign Good Neighbor Agreements. Through such legally binding contracts, businesses agree to a list of rules that address community concerns negotiated between the city, residents and business owners.

But Keblas said the mayor is proposing to do away with "subjective Good Neighbor Agreements" and instead impose the new operating standards to solve problems between residents and club owners.

Salty's Kingen said bars and restaurants that are disturbing residents should be addressed, but that the new ordinance is overreaching.

"There are already all kinds of inherent consequences for stupid behavior built into the system, we don't need more," he said. "We already have noise ordinances--just enforce the damn things."

Rebekah Schilperoort can be reached at wseditor@robinsonnews.com