Nightlife premises in Ballard and throughout the city would be required to abide by specific security, litter and noise regulations if the Seattle City Council approves legislation proposed by Mayor Greg Nickels last month.

Nickels says the new rules aim to improve communication and resolve disputes between booming nighttime businesses in the heart of dense neighborhoods. The proposal would also give the city more power to control establishments that become neighborhood nuisances.

Earlier drafts of the legislation targeted businesses with live music or disc jockeys. The final proposal was expanded to include bars and other venues that meet specific crowd capacity standards. Business that serve liquor between the hours of 10 p.m. and 6 a.m. and has a space totaling 500 or more square feet would have to obtain a nightlife license.

Licensees would be required to comply with several operating rules, such as controlling noise levels, litter clean up and provide security patrol around the premises for at least 30 minutes after closing time. Nightspots would have to return compliant calls within 24 hours.

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.

Tim Hatley, a lobbyist for the Seattle Nightlife and Music Association that formed in the last several months to protect the rights of bar and club owners, said the proposal has lessened the power the city holds over nightclubs but is still too far reaching.

"We're taking a hard detailed look at (the proposal)," said Hatley. "There's still some room for improvement, but the sanctions are still extremely harsh."

Several "high-profile incidents" that raised concerns about public safety around some popular nightspots sparked the effort, said Marty McOmber, Nickel's aide. The proposal is based on similar ordinances in other cites and was drawn up by a task force appointed by the mayor comprised of club owners and neighborhood representatives.

Previous drafts allowed city's director of executive administration to impose additional requirements beyond the operating standards. That language has been removed, but the mayor has broadened who will be impacted, said Hatley.

"That means a lot of neighborhood taverns will be effected," he said. "It's putting the whole industry on an increased level of scrutiny because of a few problem places."

The city says it will be primarily bars and clubs that are impacted while most restaurants would not be considered nightspots. Hatley estimated the new law would affect 300 to 500 businesses in Seattle.

But there are aspects of the proposal that seem unenforceable, said Dan Cowan, owner of the Tractor Tavern on Ballard Avenue and member of the nightlife lobbying group.

Noise stemming from clubs and restaurants has become an increasing problem ever since Washington voters approved a proposal to ban smoking inside public places last year, he said. That law, which forbids lighting up within 25 feet of doors, windows and vents, has made it tougher for business owners to comply with strict noise regulations when people take the party outside to smoke, said Cowan.

"Just like with the smoking ban, no one knows what to make of the proposal," he said. "It's not a very well thought out plan. It's not realistic."

Many business owners are also worried they won't be able to handle the potential costs, said Hatley.

Nightspots would be required to apply for and pay an annual fee of $300 for a nightlife license and possibly dole out additional money to soundproof or provide security.

"There's that certain level of uncertainty - that 'Do I?' that's causing some heartburn," said Hatley. "We haven't had a chance to sit down with the city and look at all the details, but we think there are ways to achieve the objective's that everyone's trying to seek."

The city council won't begin its review of the proposal until next year. In the meantime, council president Nick Licata said the impact to small business owners is something that will be closely examined.

The proposal also suggests that new licenses would replace Nickels' controversial good neighbor agreements. Those types of legally binding contracts have required businesses to agree to numerous conditions, such as monitoring noise and restricting certain types of music.

Instead, a seven-member advisory board appointed by the mayor would work with clubs, neighbors and the city on club issues. Three members would represent nightspots.

James Keblas, director of the mayor's office of film and music, said the advisory board would be key in helping businesses succeed and resolving neighborhood concerns.

"I am very pleased the mayor is proposing proper staffing to tackle this issue," said Keblas. "It will be a rough transition once it gets started, but if we (the city staff) work hard, I am confident this new regulation can succeed for everyone."

The nightclub industry has encountered a barrage of challenges lately. Last year a state law passed requiring all nightclubs to have a sprinkler system. However, the costs to install these systems range from $25,000 to $100,000.

The city has also been evaluating restaurants based on community complaints to determine whether it should have to obtain a permit to operate as a drinking establishment if it morphs into one at night. That permit would require many of the same regulations as good neighbor agreements and the mayor's new proposal.

The nightlife industry is starting to feel like a target, said Cowan.

"How can I enforce some of these issues?" he said. "They are doing it to address problem businesses, but unfortunately they are throwing a blanket out to cover everyone."

Rebekah Schilperoort can be reached at rebekahs@ballardnewstribune.com or 783-1244.