Mayor Greg Nickels' proposed nightlife ordinance, which could have sweeping effects on Seattle's bars and clubs, is moving its way through the city council.

At a West Seattle Community Safety Partnership meeting, Julien Loh, a policy advisor for the mayor, said the legislation has left council president Nick Licata's desk and is being reviewed by council member Sally Clarks' economic development and neighborhoods committee.

The proposal targets 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 provide security patrol 50 feet around the premises for at least 30 minutes after closing time.

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.

The cost to the business owner; $350 first time fee and $300 annually. Loh said he believes the ordinance will only impose "modest costs" to business owners.

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

Non-compliance of the rules could result in fines and possible license revocation.

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

Loh said it would primarily be bars and clubs that are impacted while most restaurants would not be considered nightspots. But some restaurant owners have said the way the ordinance is worded would make them liable to the regulations.

Some of this confusion stems from a growing trend in the city where places that are predominately restaurants become bars at night. The city is just starting to address the noise impacts in neighborhoods related to that transformation.

Dave Montoure, owner of West Five Lounge and Restaurant, said he is not opposed to operating rules for businesses, but he is concerned about the wording of the ordinance, which "casts a very broad net."

"I don't mind adhering to operating standards, but there could be some unforeseen consequences," said Montoure, president of the West Seattle Junction Association.

The way the ordinance is written affects many small "neighborhood establishments," said Montoure. A lobbyist for the Seattle Nightlife & Music Association, a group that formed last year in defense of the proposal, estimated the new law would impact 300 to 500 businesses in the city.

Loh assured Montoure that his establishment would not be subject to the ordinance. But Montoure said his business meets all the requirements laid out in the ordinance for a nightlife license.

"We're not trying to regulate dining establishments under this ordinance," said Loh. "It's an issue of space usage."

For instance, said Loh, the rules would not apply if an establishment is used as a restaurant and doesn't turn into a dance club, creating dense groups of people in small spaces. However, nowhere in the ordinance does it specifically exclude restaurants from being held accountable.

Montoure is worried about other regulations within the ordinance he called "onerous." Such as being held responsible for what happens outside his business on public property. Not only is it difficult to enforce, but also it could make him uninsurable, he said.

Montoure also wondered why the legislation was necessary since there are already measures in place through the Seattle Police Department and the Washington State Liquor Control Board to deal with "problem businesses."

"It's just recreating what's already in place," Montoure said. "What's broken in that process?"

Pete Spalding, chair of the Southwest Precinct Advisory Council, seconded that, saying it seems like the city is punishing all for a few.

"Aren't we dealing with a specific set of clubs that are causing problems?" asked Spalding. "Aren't we putting another layer of bureaucracy that needn't be? If you already have the tools why not sharpen it?"

Loh said neither residents nor business owners have been happy with the nightlife proposal. Residents want it stricter, while business owners say it's too stringent. But, still, the city stands behind the legislation.

"We're trying to make nightlife vibrant, not violent," said Loh. "We feel this provides a good framework for which businesses and residents can interact cohesively."

The legislation includes generating a rulebook for business owners that would provide greater clarity on what are best practices for business operations, said Loh.

The ordinance would also create two new full-time positions within the city's executive administration department and the office of economic development. Someone would work as a liaison between neighbors, businesses and the city.

The new licenses would replace Nickels' controversial good neighbor agreements, legally binding contracts that require businesses to agree to numerous conditions like 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 issues. Three members would represent nightspots.

However, for Montoure, much of it comes down to the wording of the proposed law and how it could be legally interpreted.

"I take my obligations as a licensee very seriously because that's my livelihood," Montoure said. "It's difficult to say as a businesses owner that you can 'reasonably prevent violence and crime' in your establishment. That kind of wording becomes dangerous...in the right hands it could be used to shut down anyone."

Rebekah Schilperoort can be reached at 783.1244 or rebekahs@ballardnewstribune.com.