The night life license isn’t coming up until after the mayor gives his budget speech at 2pm. But it’s first thing on the legislative agenda after that.

My guess is the license will be taken up around 3pm.

However, you should show up at 2pm anyway so the mayor can get a good look at the music community that helped get him elected and is now taking it in the teeth.

Some things the Seattle Nightlife and Music Association wants to see amended in the pending legislation:

1) Clubs with current liquor licenses shouldn’t have to reapply for the new “nightclub license.” In other words, they should be grandfathered in.

2) The “summary suspension” section of the ordinance (6.280.160) should be amended so that the executive department can’t just shut down clubs without real cause. Indeed the language reads: “Determinations regarding license applications, suspensions, revocations, and Notices of Violation may be established by a preponderance of the evidence….” May be? How about must be.

3) A commission of neighbors, nightclub owners, and SPD should have more power in the process of granting and revoking licenses.

4) You shouldn’t have to re-apply every year.

UPDATE

Licata has amendments that aren’t satisfactory to the nightlife association—”they’re window dressing” says music scene promoter Dave Meinert—and the current strategy for opponents of the license is to kill the amendments because if the amendments don’t pass, it’s likely the whole thing won’t pass. Without the amendments there are only two diehard supporters—Sally Clark and Jan Drago. However, If Licata’s amendments pass (the director should get input from the commission … whoop dee doo…*) then there will be enough votes to pass the whole thing.

Unfortunately, two of the swing votes on the license, that is the key people that will be swayed to vote for the license if the amendments pass, are the sponsors of the amendments themselves: Nick Licata and Richard Conlin. They, obviously, aren’t going to vote against their own amendments. Another swing vote riding on the amendments is David Della.

Cool footnote: Richard McIver, the one African American on the council (ie, he gets how this license will be used in Seattle) says he’s voting no on everything.

Yeah, yeah. Call me trite on that last point, but you know it’s true.

* Amendments are below the jump.

Councilmember Licata and Conlin’s Amendments to CB 115986 – Nightlife Regulatory License

Councilmember Licata and Conlin are proposing a series of amendments predominantly related to the role of the Nightlife Commission. The following is a summary of the amendments within the attached draft substitute bill:

I. Detailed amendments related to the Commission’s role with the review of license applications, NOVs, suspensions and administrative review.

1. Amend 6.280.040 (item A4) to require DEA Director to solicit comments from the Nightlife Commission prior to finalizing the license application questionnaire;

2. Amend 6.280.040 (item C) to enable the Nightlife Commission to provide comments on license applications to the Division Director on whether a license should be denied or granted;

3. Amend 6.280.070 (items A and B) to require Division Director to consult with the Nightlife Commission on whether applicant’s responses to questionnaire appear reasonably adequate to prevent violent criminal activity within the establishment. Also require a copy of license denials to be sent to members of the Nightlife Commission.

4. Amend 6.280.090 to require the Division Director to notify the Nightlife Commission at the same time that an NOV is issued to a licensee.

5. Amend 6.280.130 (item C) to state that the Nightlife Commission may review and provide comments to the Division Director concerning NOVs or the licensees response to an NOV.

6. Amend 6.280.130 (item D) to state that the Division Director shall inform members of the commission of any site visits to be conducted and commission members may attend those site visits.

7. Amend 6.280.140 to state that during the Administrative Review process, the Director must respond in writing to the comments submitted by the Nightlife Commission prior to issuing a final decision.

8. Amend 6.280.200 to clarify that the Nightlife Commission would be staffed by the Office of Film and Music (within OED).

9. Amend 6.280.200 to reflect the additional duties of the Nightlife Commission added within the before mentioned amendments.

II. Commission review of effectiveness of previous Council actions related to nightlife.

Amend Section 6.280.200 by adding a new item #3.

3. The Commission shall review the effectiveness of new nightlife related legislative actions adopted by the City Council in 2007 and existing regulations applicable to nightlife premises. The Commission shall monitor the results of changes made to the City’s public nuisance code (Council Bill 115954), new requirements related to nightclub safety plans (Council Bill 115955), new nightlife enforcement efforts (Resolution 31005), other nightlife related public safety strategies (Resolution 31004), modifications made to the City’s noise ordinance related to nightlife establishments and existing regulations, including but not limited to, applicable land use code, fire code, and building code regulations. To assist the Commission in its evaluation and prior to its review, the Commission shall define negative activity and develop an index to measure it (“negative activity index”). The Commission shall hold a public hearing and receive testimony on the definition of negative activity and potential index factors. The final report from the Commission shall be based on its independent review and analysis of the before-mentioned legislative actions and regulations and shall be based on no less than 6 months worth of data reflected in the negative activity index.

The Commission shall forward a final report to the Mayor, City Council and Director of the Department of Executive Administration (DEA) on the effectiveness of the City’s efforts to address nightlife related issues no later than August 1, 2008.

III. Deferred effective date for Section 1 (aspects of the bill related to the nightlife regulatory license) until September 15, 2008.

Defers the effective date of the license until after the Nightlife Commission issues its final report.