Modesto night-life plan open to comment

People who enjoy a night on the town can get their first full look this week at a proposal for an entertainment ordinance that would govern Modesto's music venues.

It is a potentially big change in how the city reviews applications for entertainment venues, shifting the authority to grant a permit from the Police Department to an independent commission appointed by City Council members.

Police officers called for a new ordinance last fall, when a booming night-life scene downtown stretched the department's resources. At the time, police said the city's entertainment ordinances were inadequate.

Assistant Police Chief Mike Harden was one of 12 city officials and downtown business representatives who helped write the proposal.

They're taking the draft to several public forums this week, including sessions with the Modesto Chamber of Commerce and a meeting at Tenth Street Place.

Harden spoke with The Bee to describe how the proposal evolved and what it means for Modesto's entertainment options.

Q: How does the proposal change how the city oversees its bars and clubs?

A: The biggest change is the adoption of the entertainment commission, who will appoint a permit administrator to deal with the applicants, to notify the agencies in the city to review the permits and consider administrative actions.

There's a posting requirement to notify people who work, reside and have other venues and restaurants close by to offer recommendations and input.

It's no longer just the Police Department saying, "We're going to look at it from this perspective." It gives a good neighbor policy.

Q: What about entertainment venues or restaurants that change over time?

A: Anybody who comes in and applies for a permit has to submit an operations plan, so hopefully we can avoid those kind of establishments that open up as a restaurant but turn into a full-fledged dance club. It's truth in advertising. That's huge. You come in and apply for an entertainment permit, you say this is what my entertainment's going to be.

Q: How did your scope change from focusing on downtown to looking at the entire city?

A: There is no codified boundary, taxing district or legislative authority for one small district within a larger city, so we have to adopt an ordinance that's going to apply to the entire city. If a guy wants to open a dance club on McHenry Avenue, he's going to go through the same process as someone would downtown.

Q: Does this give the Police Department any new authority to close troublesome bars?

A: This ordinance does allow and maintain the ability for fire or law enforcement to summarily close a business on a particular night when there are public safety hazards, such as a large fight, for the safety of the patrons.

In terms of technical violations -- not enough security guards -- there is a process where someone can be cited administratively, and there is a graded scale -- first offense, second offense, third offense.

For a real gross violation, we can take it right to the commission and say, "The recommendation of law enforcement is to suspend or revoke," or what have you. The commission can modify the recommendation, and the applicant would have the ability to appeal the decision to the full council.

No longer is the police chief going to be the judge, jury and executioner all in one. There is going to be a body to listen and make a recommendation.

Q: Will it apply to karaoke bars or small music events?

A: We tried to strike a balance. Any place that's got an assemblage of more than 75 people, is open to the public, or there's a charge for admission would be subject to the entertainment permit.

The small establishment where they get 18 people together and they play a jukebox, is that a concern to us? I don't think so.

Ambient music is exempted, and nonprofits are exempted from paying a fee for the permit.

Q: Would it change the way the city handles special events, such as the Xclamation Festival, the Art & Wine Festival or Mardi Gras?

A: That's going to be deemed a special event, and that's going to require a special permit that's going to have its own process. Anything that's going to be unique and outside of their normal and obtained permit would need a special permit.

The authors of the proposed entertainment ordinance have scheduled a public hearing for Wednesday, 4:30 p.m., Tenth Street Place, 1010 10th St., Room B300.

To comment, click on the link with this story at www.modbee.com. Bee staff writer Adam Ashton can be reached at aashton@modbee.com or 578-2366.