CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to the regulation of after-hours nightlife lounges; creating a license for the operation of after-hours nightlife lounges; and adding a new Chapter 6.550 to the Seattle Municipal Code.
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WHEREAS, Donald “Donnie” Chin, the director of the International District Emergency Center was shot and killed at approximately 3 a.m. on July 23, 2015, while trying to protect his community from shootings and fight disturbances connected to after-hours nightlife activity in the International District; and
WHEREAS, Nadia Kassa, Jonathan Bishu, and Trevis Bellard were killed and six more were injured at approximately 4:30 a.m. on August 19, 2023, in a shooting at an after-hours nightlife lounge on Rainier Avenue South; and
WHEREAS, Francisco Escatell was killed at approximately 3 a.m. on August 17, 2024, in a shooting inside of an after-hours nightlife lounge in the SODO neighborhood; and
WHEREAS, over the past decade, there have been dozens of shootings and homicides that have occurred in connection with after-hours nightlife lounges that operate between the hours of 2 a.m. and 5 a.m.; and
WHEREAS, the Seattle Police Department reports that nightlife related shootings, particularly in connection with after-hours nightlife lounges, account for over ten percent of all shootings in the City; and
WHEREAS, some of these after-hours nightlife lounges reportedly serve alcohol without a liquor license from the Washington State Liquor and Cannabis Board; and
WHEREAS, The City of Seattle regulates businesses under Title 6 of the Seattle Municipal Code “as an exercise of the police power of the City to protect and preserve the public peace, health, safety and welfare”; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. A new Chapter 6.550 is added to the Seattle Municipal Code as follows:
Chapter 6.550 AFTER-HOURS NIGHTLIFE LOUNGE LICENSE
6.550.010 Application of other provisions
The licenses provided for in this Chapter 6.550 are subject to the general provisions of the new Seattle License Code set forth in Chapter 6.202. In the event of a conflict between the provisions of Chapter 6.202 and this Chapter 6.550, the provisions of this Chapter 6.550 shall control.
6.550.020 Definitions
For the purposes of this Chapter 6.550:
“After-hours nightlife lounge” means a business, nonprofit, or club establishment in which patrons, whether customers, guests, or club members, congregate for the purpose of socializing, smoking, or dancing between the hours of 2 a.m. and 5 a.m. After-hours nightlife lounge does not include businesses whose principal purpose is operating as a restaurant.
“Liquor” has the same meaning as in chapter 66.04 RCW.
“Serious public safety incident” means any violent act that causes or creates a substantial risk of serious bodily injury.
6.550.030 License required
It is unlawful for any person to operate an after-hours nightlife lounge in the City unless the person possesses an after-hours nightlife lounge license and is in compliance with all provisions of this Chapter 6.550.
6.550.040 General provisions
A. No after-hours nightlife lounge may:
1. Be open between 5 a.m. and 10 a.m;
2. Allow the entry of a person under 21 years of age;
3. Sell, give, or otherwise supply liquor to any person between the hours of 2 a.m. and 5 a.m; or
4. Allow the consumption of liquor on the premises between the hours of 2 a.m. and 5 a.m.
B. An after-hours nightlife lounge shall:
1. Obtain and comply with all other required state and City permits and licenses necessary for operation of the establishment;
2. Employ at least two security personnel during operating hours between 2 a.m. and 5 a.m. to maintain order and ensure compliance with the law. All security personnel must have received formal training in crowd control and event management;
3. Operate video surveillance at each point of entry and maintain all recordings for at least 48 hours; and
4. Take steps such as metal detectors, metal-detecting wands, or pat-downs to detect weapons and prevent them from entering the premises.
C. All peace officers of the City and/or the Director shall have free access to public areas of after-hours nightlife lounges when guests, patrons, or club members are present for the purpose of inspection and to enforce compliance with the provisions of this Chapter 6.550.
6.550.050 License applications
All applications shall be submitted by and issued in the name(s) of the true party(ies) of interest and shall be signed by such person(s) and certified as true under penalty of perjury, and shall be accompanied by written evidence sufficient to show that such person(s) are the owner, operator, or lessee of the premises. All applications shall be submitted on a form supplied by the Director.
A. Failure to provide complete information required on an application form approved by the Director's form shall render the application incomplete and the license consequently shall be denied.
B. Within 30 days of any change in the information required to be submitted in this Section 6.550.050, each licensee shall notify the Director in writing of such change on a form provided by the Director.
6.550.060 License - Applicant investigation
A. The Director is authorized to investigate each license application and may review an applicant's business records and inspect the proposed business premises.
B. The Director may request that appropriate City departments confirm that an applicant is in compliance with City regulations. A department to which such a request has been directed shall determine whether the applicant, activity, and/or premises comply with City laws, rules, and regulations enforced by that department, and that department shall notify the Director of any violations found.
C. The Director may conduct an investigation of any true parties of interest, including but not limited to a financial investigation and/or a criminal history background.
6.550.070 Inspection of premises
Applicants shall allow the premises sought to be licensed under this Chapter 6.550 to be inspected by persons authorized by the Director, Fire and Police Departments, Seattle Department of Construction and Inspections, and Public Health - Seattle & King County to ensure that the applicant meets all licensing and other legal requirements. Failure to grant access shall result in denial of the license application.
6.550.080 License and related fees
A. The license fee is $250.
B. License fees are non-refundable.
C. License fees are not prorated.
6.550.090 Issuance of licenses
A. The Director shall deny a license and shall notify the applicant in writing of the reasons for denial and the opportunity to appeal, if the Director finds any of the following:
1. The application does not meet the requirements of this Chapter 6.550; or
2. The applicant or any employee, agent, partner, director, officer, or manager has knowingly made any false, misleading, or fraudulent omission or statement of material fact in the application for a license, or in any report or record required to be filed with the Director; or
3. The applicant or any employee, agent, partner, director, officer, or manager of the applicant has not attained the age of 21 years at the time that the application was submitted; or
4. The applicant or any employee, agent, partner, director, officer, or manager of the applicant is currently the subject of a final license suspension or revocation order issued pursuant to this Chapter 6.550 that became final less than three years before the date that the pending application was submitted; or
5. The applicant has not provided written evidence that the applicant is the current owner, operator, or lessee of the business premises to be licensed; or
6. The proposed licensee’s premises has been the site of two or more serious public safety incidents within a one-year period; or
7. The Chief of Police notifies the Director that patrons of the proposed licensee have been connected to two or more serious public safety incidents within 500 feet of the licensee’s premises during the prior two-year period; or
8. The premises of the applicant’s after-hours nightlife lounge has been the site of a shooting or homicide during the past two-year period; or
9. The property at which the business is located has been determined by a court to be a chronic nuisance property as provided in Chapter 10.09; or
10. The license may be otherwise denied under Section 6.202.230; or
11. Any true parties in interest have a criminal history amounting to eight or more points under WAC 314-07-040.
B. No license shall be issued to:
1. A person under the age of 21 years;
2. A partnership, employee cooperative, association, nonprofit corporation, or corporation unless formed under the laws of this state, and unless all of the members thereof are qualified to obtain a license as provided in this Section 6.550.090; or
3. A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee.
6.550.100 License - Transfer of interest
The licenses issued under this Chapter 6.550 are not transferable. However, an interest in a business entity holding the license may be transferred, but only after the new owner, member or principal has submitted an application, met all the standards and requirements in this Chapter 6.550, and secured written approval of the Director.
6.550.110 Change of location
If the licensee changes the location of the place of business, the licensee shall return the business license to the Director and a new application must be submitted. Each new license application submitted pursuant to a change of location of the place of business is subject to the requirements of this Chapter 6.550 and may be denied if any such requirements are not met. A change of location occurs any time there is any change to the physical location address.
6.550.120 Penalties
A. The first violation of subsection 6.550.030 shall constitute a civil violation and shall be enforced by the Director under the citation provisions set forth in this Section 6.550.120.
B. Citation
1. If after investigation the Director determines that a person has conducted or operated an after-hours nightlife lounge without a valid license issued pursuant to this Chapter 6.550, the Director shall issue a citation to the person responsible for the violation. The citation shall include the following information: (1) the name and address of the person to whom the citation is issued; (2) a reasonable description of the location of the property on which the violation occurred; (3) a separate statement of each standard or requirement violated; (4) the date of the violation; (5) a statement that the person cited must respond to the citation within 15 days after service; (6) a space for entry of the applicable penalty; (7) a statement that a response must be sent to the Hearing Examiner and received not later than 5 p.m. on the day the response is due; (8) the name, address, and phone number of the Hearing Examiner where the citation is to be filed; (9) a statement that the citation represents a determination that a violation has been committed by the person named in the citation and that the determination shall be final unless contested as provided in this Chapter 6.550; and (10) a certified statement of the Director's representative issuing the citation, authorized by RCW 5.50.050, setting forth facts supporting issuance of the citation.
2. The citation may be served by personal service in the manner set forth in RCW 4.28.080 for service of a summons or sent by first class mail, addressed to the last known address of such person(s). Service shall be complete at the time of personal service, or if mailed, three days after the date of mailing. If a citation sent by first class mail is returned as undeliverable, service may be made by posting the citation at a conspicuous place on the property and service shall be complete on the date of posting.
C. Response to citation. A person must respond to a citation in one of the following ways:
1. Paying the amount of the monetary penalty specified in the citation, in which case the record shall show a finding that the person cited committed the violation; or
2. Requesting in writing a mitigation hearing to explain the circumstances surrounding the commission of the violation and providing an address to which notice of such hearing may be sent; or
3. Requesting a contested hearing in writing specifying the reason why the cited violation did not occur or why the person cited is not responsible for the violation, and providing an address to which notice of such hearing may be sent.
A response to a citation must be received by the Office of the Hearing Examiner no later than 15 days after the date the citation is served. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5 p.m. on the next business day.
D. Failure to respond. If a person fails to respond to a citation within 15 days of service, an order shall be entered by the Hearing Examiner finding that the person cited committed the violation stated in the citation, and assessing the penalty specified in the citation.
E. Mitigation hearings
1. Date and notice. If a person requests a mitigation hearing, the mitigation hearing shall be held within 30 days after written response to the citation requesting a hearing is received by the Hearing Examiner. Notice of the time, place, and date of the hearing shall be sent to the address specified in the request for hearing not less than ten days before the date of the hearing.
2. Procedure at hearing. The Hearing Examiner shall hold an informal hearing that shall not be governed by the Rules of Evidence. The person cited may present witnesses, but witnesses shall not be compelled to attend. A representative from the Department may also be present and may present additional information, but attendance by a representative from the Department is not required.
3. Disposition. The Hearing Examiner shall determine whether the person's explanation justifies reduction of the monetary penalty. Factors that may be considered in whether to reduce the penalty include whether the violation was caused by the act, neglect, or abuse of another.
4. Entry of order. After hearing the explanation of the person cited and any other information presented at the hearing, the Hearing Examiner shall enter an order finding that the person cited committed the violation and assessing a monetary penalty in an amount determined pursuant to subsection 6.550.120.H. The Hearing Examiner's decision is the final decision of the City on the matter.
F. Contested hearing
1. Date and notice. If a person requests a contested hearing, the hearing shall be held within 60 days after the written response to the citation requesting such hearing is received.
2. Hearing. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 and the rules adopted by the Hearing Examiner for hearing contested cases, except as modified by this Section 6.550.120. The issues heard at the hearing shall be limited to those that are raised in writing in the response to the citation and that are within the jurisdiction of the Hearing Examiner. The Hearing Examiner may issue subpoenas for the attendance of witnesses and the production of documents.
3. Sufficiency. No citation shall be deemed insufficient for failure to contain a detailed statement of the facts constituting the specific violation which the person cited is alleged to have committed or by reason of defects or imperfections, provided such lack of detail or such defects or imperfections do not prejudice substantial rights of the person cited.
4. Amendment of citation. A citation may be amended prior to the conclusion of the hearing to conform to the evidence presented if substantial rights of the person cited are not thereby prejudiced.
5. Evidence at hearing. The certified statement or declaration authorized by RCW 5.50.050 shall be prima facie evidence that a violation occurred and that the person cited is responsible. The certified statement or declaration authorized under RCW 5.50.050 and any other evidence accompanying the report shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under RCW 5.50.050 shall also be admissible without further evidentiary foundation. The person cited may rebut the Department evidence and establish that the cited violation(s) did not occur or that the person contesting the citation is not responsible for the violation.
6. Disposition. The Hearing Examiner shall determine by a preponderance of the evidence whether the violation occurred. If the Hearing Examiner determines that the violation occurred, the citation shall be sustained and the Hearing Examiner shall enter an order finding that the person cited committed the violation and imposing the applicable penalty. If the Hearing Examiner determines that the violation did not occur, the Hearing Examiner shall enter an order dismissing the citation.
7. Final decision. The Hearing Examiner's decision is the final decision of the City.
G. Failure to appear for hearing
Failure to appear for a requested hearing will result in an order being entered finding that the person cited committed the violation stated in the citation and assessing the penalty specified in the citation. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear.
H. Penalties
1. First violation. The first time a person is found to have violated subsection 6.550.030, the person shall be subject to a penalty of $1,000.
2. Second and subsequent violations. Any second or subsequent time a person is found by the Director to have violated Section 6.550.030 within a five-year period, the person shall be guilty of a misdemeanor, and may be punished by a fine not to exceed $1,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment. Absolute liability is imposed by this subsection 6.550.120.H pursuant to Section 12A.04.100.
I. Collection of penalties. If the person cited fails to pay a penalty imposed pursuant to this chapter, the penalty may be referred to a collection agency. The cost to the City for the collection services will be assessed as costs, at the rate agreed to between the City and the collection agency, and added to the penalty. Alternatively, the City may pursue collection in any other manner allowed by law.
J. Each day a separate violation. Each day a person violates subsection 6.550.030 may be considered a separate violation subject to the penalties of this Section 6.550.120.
6.550.130 License revocation
In addition to the reasons set forth in Section 6.202.230 or elsewhere in this Chapter 6.550, any license issued under this Chapter 6.550 may be revoked upon a finding that:
A. The licensee has committed three or more violations of this Chapter 6.550 within a 12-month period; or
B. The licensee’s premises has been the site of two or more serious public safety incidents within a one-year period; or
C. The licensee’s premises has been the site of one or more shootings or homicides within a one-year period; or
D. The property at which the business is located has been determined by a court to be a chronic nuisance property as provided in Chapter 10.09.
6.550.140 Revocation-Effective date-Length
A. Revocations become effective upon the date of issuance of any notice of revocation or, in the event of an appeal, when a final ruling on appeal affirming the Director's findings is issued.
B. Revocations shall extend until the end of the annual license period. The licensee or any person in which the licensee is a principal, or any person who is or was a principal of the licensee, may not again be licensed during such period.
C. Whenever a timely notice of appeal under Section 6.202.270 is filed, a licensee may continue to engage in the activity for which the license is required pending a final decision.
Section 2. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2024, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2024.
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President ____________ of the City Council
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Approved / |
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returned unsigned / |
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vetoed this _____ day of _________________, 2024. |
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2024.
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Scheereen Dedman, City Clerk
(Seal)