A controversial proposal placing more regulations on Ballard's nightlife establishments has passed a Seattle City Council committee, but council member Sally Clark isn't sure the license component will pass a full vote.

The panel voted 2-1 to pass recommendations for a nightclub license, though not as stringent as Mayor Greg Nickels' proposed enforcement ordinance that would have affected an estimated 300 businesses.

Under the committee's proposal, businesses would be required to apply for a regulatory license if they serve liquor after 10 p.m., charge admission, have a capacity of 200 or more and make the majority of their income from liquor sales. The ordinance is estimated to effect a little less than 100 businesses.

Council members Clark and Jan Drago supported the legislation, while Richard McIver dissented.

The proposal is scheduled to go to full council for a vote, possibly as early as Sept. 17.

Denise Movius, director of the city's revenue and consumer affairs department, has prepared a preliminary list of establishments that could be effected. Some businesses listed in Ballard are the Sunset Tavern, Conor Byrne and the Tractor Tavern.

"The list is intended to provide the 'universe' of clubs that might fall under the regulation," said Movius. "We would also have to determine that 50 percent or more of their revenue is from liquor sales and admissions charges."

Occupancy limits has not yet been gathered for all clubs, but based on the information gathered so far, less than 25 establishments would be effected according to the committee's recommendation, Movius said.

There's a chance that the capacity limit could be lowered, as some council members and the mayor have expressed hope the legislation will cast a slighter broader net, said Clark, who chairs the economic development and neighborhoods committee reviewing nightlife legislation.

Earlier, the council unanimously passed legislation developed by the same committee. It supports funding a nightlife enforcement team that could issue fines and respond to resident complaints and allows the city to penalize businesses that continually exceed occupancy limits. Also, some nightclubs would be required to develop and submit security plans annually with the city.

Previous proposals from Nickels required that certain venues obtain licenses and comply with operating standards to control noise, litter and crime. Representatives of the nightlife industry objected, saying the legislation would put too much financial and policing pressure on owners and employees.

The council has viewed the mayor's license standards as too broad and harsh, though Clark said the license requirement was always a possibility.

Clark took several "field trips" downtown to observe Seattle's nightlife and come up with fairer laws that wouldn't put employees and business owners in charge of policing dangerous situations not on their premises.

"I support a limited license," said Clark. "(The Mayor's original proposal) was too unwieldy and tried to do a lot more things that I don't think we are authorized to do..."

By the time a full package is passed, Clark said she hopes it will address the core issues; safety, overcrowding and nuisance activities.

Tim Hatley, a lobbyist hired by the Seattle Nightlife and Music Association, said the legislation passed by council strengthening nuisance codes would be "more effective than a licensing scheme."

For years, residents across Seattle have implored city officials to do something about incessant noise emanating into their homes and violence stemming from nearby clubs. The debate was further fueled when earlier this summer someone was shot near a Belltown club. Many believe the trouble will only get worse as densification increases in neighborhoods.

Under the committee's recommendation, businesses would also be subject to penalties if they do not take "reasonable measures" to prevent violent crime on their premises. First a warning would be issued. A second violation within 18 months would result in a seven-day suspension, a 30-day suspension for a third violation in that time and loss of the nightclub license with a fourth violation.

A committee comprised of mostly residents and club owners would make recommendations on whether a club's nightclub license should be suspended, revoked or not renewed.

Critics of the nightclub legislation say the city should increase police presence on streets near popular clubs to ease crime and violence associated with nightlife instead of increasing regulation on private businesses.

Rebekah Schilperoort may be reached at 783.1244 or rebekahs@robinsonnews.com