AN ORDINANCE relating to nightclub safety; adding a new chapter to Title 10 of the Seattle Municipal Code relating to nightclub safety plans.

WHEREAS, Seattle has a vibrant and active nightlife culture that contributes to the economic and cultural vitality of the City; and

WHEREAS, public safety issues associated with large nightlife establishments threaten the livability of urban centers and other urbanizing areas; and

WHEREAS, violent incidents associated with large nightlife establishments have required the use of considerable police and fire resources; and

WHEREAS, modest safety planning by large establishments can prevent and ameliorate violent incidents;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1: A new chapter, Chapter 10.11, to be entitled "Nightclub Safety Code", is added to the Seattle Municipal Code as follows:

10.11.010 Definitions.

A. "Director" means the Director of the Department of Executive Administration, or successor entity, or his or her designee.

B. "Liquor" has the same meaning as in Chapter 66.04 of the Revised Code of Washington.

C. "Nightclub" means any business open to the public in which:

1. Liquor is served between the hours of 10:00 p.m. and 6:00 a.m., except where service of liquor is incidental to an event that is not open to the public; and

2. has a maximum occupancy capacity of two hundred (200) or more people.

D. "Nightclub operator" means any individual, sole proprietorship, partnership, corporation, association, or other public or private organization of any character with responsibility for operation of a nightclub.

E. "Written Safety Plan" means a written document produced by a nightclub operator that includes at minimum the following information about the nightclub:

1. The number and location of all security personnel;

2. The nightclub's identification checking and patron search procedures;

3. Procedures for ensuring that only persons twenty one (21) years or older are served alcohol;

4. The nightclub's procedures for handling violent incidents, other emergencies, and calling the Seattle Police Department;

5. A description of the training provided or completed by security and other personnel, including conflict de-escalation training;

6. The nightclub's procedures for crowd control and preventing overcrowding; and

7. Current contact information for the person or position responsible for addressing safety, security, or City Code related complaints by patrons or neighborhood residents.

10.11.015 Written safety plan required.

A. Every nightclub operator shall prepare a written safety plan.

B. Nightclub operators shall file their written safety plans with the Director, who shall distribute them to the Chief of Police and the Nightlife Advisory Board. For existing nightclubs, safety plans shall be filed within forty five (45) days of the effective date of this ordinance. New nightclubs shall file safety plans no later than the date they open to the public.

C. Nightclubs subject to this ordinance shall have an updated copy of their safety plan reviewed by personnel employed by the nightclub. The safety plan shall be made available upon request by City nightlife enforcement staff, patrons or neighborhood residents.

D. Nightclub operators shall file an updated written safety plan annually with the Director. If there have been no material changes to a nightclub's programming, operation, ownership, or size, the updated written safety plan may take the form of a letter from the nightclub operator to the Director certifying that there have been no material such changes.

10.11.020 Violation Civil penalties.

Any nightclub operator who fails to comply with any of the requirements of Section 10.11.015 shall be subject to a Class 1civil infraction as contemplated by RCW Chapter 7.80 and under RCW 7.80.120(2) to a maximum monetary penalty and a default amount of Two Hundred Fifty Dollars ($250.00) plus statutory assessments. Each day of noncompliance shall be a separate violation, and the monetary penalties shall accumulate.

10.11.025 Severability.

The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection or portion of this ordinance, or the application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.

Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2007, and signed by me in open session in authentication of its passage this _____ day of __________, 2007. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 2007. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2007. ____________________________________ City Clerk

8/9/2007 CB 115955 As Amended 8.2.2007 (Ver. 4) t