Sunday, Dec. 02, 2007

City entertainment permit proposal aims to make it one stop

Chris Ricci has to knock on more than one door when he asks the Modesto City Council to sign off on the annual Xclamation Festival.

Hosting the concert requires separate reviews from Modesto's police, fire and parks departments before it can go to a council vote.

He faces a different process when he organizes the Art & Wine Festival, and another one when managing shows at the Fat Cat Music House & Lounge on 11th Street.

A proposal for a Modesto entertainment law could put the city's checks for all of those events under one roof, clarifying a sometimes confusing process and yielding new resources to manage entertainment venues.

"It streamlines the process and makes it uniform," Ricci said. "I can't see how that's a bad thing."

The proposal evolved from a discussion initiated by the Police Department, which has said Modesto's downtown club scene eats up too many hours of officer overtime.

Police Chief Roy Wasden has the most sway over Modesto's entertainment providers because he can approve or reject dance permits, which set conditions for clubs.

But the new proposal, headed to a council committee meeting Monday, would create a commission to manage entertainment venues throughout the city. The Police Department could give reports to the commission, but it wouldn't have the final say.

The law also would require businesses to get a new permit when their operation plans change. That became an issue this summer when Tymeless Cuisine, a 10th Street sit-down restaurant, changed its business model to feature a dance club known as Sin City Nights. The City Council has since revoked its dance permit.

"What we're trying to do was make sure we're not throwing the baby out with the bath water by writing an ordinance that made it burdensome for the majority of businesses that were operating in a normal, constructive manner, "said Ryan Swehla, a commercial real estate consultant who helped write the pro- posal.

The proposal would impact businesses throughout Modesto, even though the discussion started as a downtown management plan.

"There is no legal entity called downtown," said Bob Quintella, a deputy city parks director who oversaw Swehla's committee. "Who knows? Ten years from now, McHenry Avenue may be the new hot spot, and this way, there's something in place to deal with it."

Key points of the proposal include:

Appointing seven people to sit on an entertainment commission and giving them authority to review plans and set conditions for entertainment providers.

Assigning a city employee outside of the Police Department to manage applications for entertainment permits and assist the new entertainment commission.

Exempting events that draw fewer than 100 people, such as a karaoke night at certain bars. Spoken-word events, movies, student performances, dance lessons and private parties also would be exempt.

Giving police the authority to shut down a club that creates a volatile atmosphere.

Setting penalties for clubs that violate the conditions of their entertainment permits. A first offense would net a $500 fine, a second $1,000 and a third $1,500.

"It meets the needs of an entire community," said Assistant Police Chief Mike Harden, who also sat on the committee that wrote the proposal, "from a law enforcement perspective, a business perspective and a good neighbor perspective."

The Modesto City Council Safety and Communities Committee meets Monday at 5:30 p.m. in Room 2005 of Tenth Street Place, 1010 10th St.

Bee staff writer Adam Ashton can be reached at aashton@modbee.com or 578-2366.