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Modesto entertainment ordinance receives first OK

By ADAM ASHTON
aashton@modbee.com

last updated: March 04, 2008 08:36:11 AM

A FEW OF THE DETAILS

A proposed entertainment ordinance is on its way to the Modesto City Council. It would change the way Modesto evaluates nightclubs in a number of ways, such as:
  • Create a seven-member entertainment commission charged with issuing permits for venues and special events. It could discipline venues if they violate the terms of their agreements with the city. Some disciplinary options include fines, suspensions or revocations.
  • Require venues to submit an operations plan detailing what kind of entertainment they would provide and how they would do business.
  • Appoint an administrator to check entertainment plans and coordinate the city's response with reviews from the police and fire departments.
  • Give entertainment venues two-year permits. They would cover events that take place inside a venue. For example, Centre Plaza would get a permit that would apply to any event that takes place there.
  • Allow the city to recover the costs of running the program by charging businesses a fee. It's not clear how much the city plans to charge, but one estimate is more than $250.

AT A GLANCE

A proposed entertainment ordinance is on its way to the Modesto City Council. It would change the way Modesto evaluates nightclubs in a number of ways, such as:
  • Create a seven-member entertainment commission charged with issuing permits for venues and special events. It could discipline venues if they violate the terms of their agreements with the city. Some disciplinary options include fines, suspensions or revocations.
  • Require venues to submit an operations plan detailing what kind of entertainment they would provide and how they would do business.
  • Appoint an administrator to check entertainment plans and coordinate the city's response with reviews from the police and fire departments.
  • Give entertainment venues two-year permits. They would cover events that take place inside a venue. For example, Centre Plaza would get a permit that would apply to any event that takes place there.
  • Allow the city to recover the costs of running the program by charging businesses a fee. It's not clear how much the city plans to charge, but one estimate is more than $250.

Nightclub owners and the city officials who govern them mostly are in step with a once divisive attempt to remake Modesto's process for handing out dance permits.

The City Council's Safety and Communities Committee on Monday cleared the proposal, setting it up for a council vote within the next month.

It's a big change in how Modesto evaluates entertainment venues, and it would affect more businesses than those that have to get dance permits under the city's current codes. Any venue that uses music or dancing to entertain audiences of 75 or more people would have to get a permit.

The proposal has support from club owners and special event hosts because it creates a clearly defined route for them to get the city's consent.

"It's much more efficient; it's much quicker," said Chris Ricci, general manager of the Fat Cat club on 11th Street and the promoter of the annual Xclamation Festival.

Ricci helped write the pro- posal. He spoke at the Monday meeting and at a session in September where downtown advocates expressed fears that a new ordinance would smother the city's entertainment scene.

At the time, the Police Department was in the midst of revoking one club's dance permit. Also, Police Chief Roy Wasden had issued a temporary moratorium on granting dance permits because a sudden increase in their number -- from one in 1999 to 13 last summer -- taxed the department's resources.

Some concerns remain. Two club owners told the council members they worried the entertainment commission, which is part of the proposal, could show a bias against certain venues, depending on who sits on it.

Councilwoman Kristin Olsen said she wanted to ensure the entertainment commission wouldn't lead to a bureaucracy that bogs down businesses.

"The intent is really good," she said. "But I think the devil's in the details."

The Safety and Communities Committee also approved Olsen's proposal to expand the ordinance that prohibits people from abandoning shopping carts. Olsen and Councilman Brad Hawn voted for it; Councilman Will O'Bryant voted against it.

The proposal would create a hot line for residents to call when they see abandoned carts and make it easier for city employees to compel stores to retrieve the carts. Stores would have to hire a cart retrieval service and register it with the city.

"We can't send a team of officers to pick up shopping carts," Assistant Police Chief Mike Harden said. "The ability to call someone and say, 'You've got 20 shopping carts' would be a tremendous tool for us."

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.