I think it might be helpful if I offer a bit of insight
into the efforts of the Youth and Music Task Force. I
have attended quite a few of the meetings, and have
actively been working to repeal the poorly designed and
never enforced Teen Dance Ordinance. This is an issue of much importance to me, and Free Speech Seattle. Please feel free to
forward this document to anyone you think may be
interested in this subject. I have great respect
for the members of the Task Force and the work they have
done. I do have major concerns with the details of the new
proposal,
as I understand it. My over
riding concern is the same as with that of the current law. I don't think it is fair or constitutional to have special laws
for businesses that play music or allow dance. I find
music and dance to be very basic forms of expression
that are protected under our State and Federal
constitutions, as well as protected as basic human rights. The right of the people to peacefully assemble is also in play. It is my
view that we have enough laws in effect to protect
ANYONE dancing, that we hardly need a special law for
music & youth. This proposed law goes a step further
and only effects a certain type of music. Dance music is the
only thing this effects. Concerts are exempt. When US District John Coughenour struck down local and State
"added activities ordinances" he pointed out the
constitutional protections afforded music. Specific concerns include; Background checks. I agree with
others that these may be racist in nature and I do not
feel they offer any real protection. The requirement for
a one year license. I feel this makes it very hard on
people wanting to have one offs. If I want to have a fund
raiser with dancing, I could not just get a permit, but
would have to get a one year license. This is exactly
the type of prior restraint that Judge Coughenour says
is unconstitutional.
Let's move down to a point by point accounting for the
proposal. I will use the provision numbers as listed on
the City of Seattle Web Site Labeled council bill 113302
(go to http://clerk.ci.seattle.wa.us/~public/CBOR1.htm and stick 113302 in the bill number
field) I believe this is the language that passed out of
committee.
The Whereases are ok. But I would have, and have suggested
we start with a
whereas that acknowledges the special protections afforded
to music and
dance by our constitutions and by our basic human rights.
No-where does
the bill seem to acknowledge this. We use language that
says that young
people SHOULD have access to music, dance and culture, but
we do not
acknowledge that they not only SHOULD, they DO have a
basic human right to
do so. Music and Dance are our most basic expressions of
free speech. We
must make access to these forms of free speech a stronger
priority. I do
not read that in the whereases.
(from here on-out, I will indent the proposed
language and follow with my
concerns with it.)
6.295.020 Construction of Chapter. The
provisions of this Chapter
shall be construed liberally to accomplish
its purposes. Nothing
in this Chapter modifies, repeals or supersedes
any provision of
another ordinance, rule or requirement that may relate
to All-Ages
Dances or All-Ages Dance Venues, including but not limited
to
building, zoning, planning, health and fire codes or the
noise
control ordinance.
Personally, I think this says it all. I believe
that we can keep kids at
dances safe with our existing, building, zoning,
planning, health, fire,
licensing, noise and the myriad of policies we have
in place without ANY
special regulation for youth dance. If we cannot, we
have sure wasted a
lot of money and time.
6.295.040 Definitions. For
purposes of this Chapter, the
following definitions shall
apply:
A. "All-Ages Dance" means any public
dance: (a) which persons
under age eighteen (18) years are authorized
or permitted to
attend or (b) at which each patron is not required to
show valid picture
identification, showing that patron's date of birth,
as a
condition of entry. If a fair, festival or other such event
includes one
or more separate All-Ages Dances or All-Ages Dance Venues,
then only
one license shall be required pursuant to this Chapter;
provided,
however, that each such All-Ages Dance or All-Ages Dance
Venue
must otherwise separately comply with the requirements of
this
Chapter.
B. "All-Ages Dance Venue" means any
place or premises where an
All-Ages Dance is conducted or operated,
including but not limited
to all hallways, bathrooms and other
adjoining areas on the
premises accessible to the public during the
dance.
So far as I can see, this will be in effect for
every hi-school dance,
church dance, or political fund raising dance. Is this
really our
intent? If a church has dances for teens, are they really required
to get
a special license?
C. A "concert" is any event at
which live music is played or
sung, and at which the primary purpose is
for patrons to view a
musical performance.
Really?
D. A "dance" is any event at which
music, either live or
recorded, is played or sung, and at which the
primary purpose is
for patrons to dance as that term is commonly
defined. However, a
"dance" shall not be defined to include an event
that is a
"concert" as that term is defined by this
Chapter.
This separation of dance and concert is unfair. Are
we saying that we
have ample protections for youth under existing law
to protect youth at a
concert, but we need special protections if they are
not just looking at
the performance? Why???
E. "Department" means the
Executive Services Department of the
City of Seattle.
F. "Director" means the
Executive Services Director of the City
of Seattle, or his or her
designated representative.
G. "Knowingly" shall have the definition set
forth in Seattle
Municipal Code Section 12A.04.030 B.
H. "On-site manager" is the person present at
an All-Ages Dance or
All-Ages Dance Venue who is responsible for the
direct operation
and oversight of the dance or venue and supervision of
other
employees or workers.
I. "Person" includes any natural
person and, in addition, a
company, corporation, partnership,
governmental entity, non-profit
group or unincorporated
association.
J. "Public dance" means any
dance that is readily accessible to
the public.
ok there are the definitions. No surprise there.
Except you do have to ask
your self why we have this difference between a
dance and a concert. I
would challenge that special restrictions are required
for dancing, that
would not be required for a concert.
6.295.050 All-Ages Dance License
Required.
A. No person shall conduct or operate
an All-Ages Dance or All-
Ages Dance Venue unless the person who is
conducting or operating
such dance or venue has obtained a license in
accordance with this
Chapter.
This means that someone wanting to hold ONE dance
even for a party, a
wedding, ANYONE must obtain a license. Not a permit.
There is no permit,
under this proposal for a one time event. If the Green
Party wished to
hold a all ages dance to celebrate the victory of Joe Szwaja,
we would be
required to obtain this license.
B. The requirements of this
Chapter shall not apply if the All-
Ages Dance or All-Ages Dance Venue
admits fewer than two hundred
fifty (250) patrons.
sigh, even small events are not exempt. I would be
much closer to going
along with the other things I don't like about this
ordinance if this
number were 1000, but 250 is a pretty small house party.
6.295.060 License - Duration.
Each license issued by the
Director under this Chapter shall be valid
for one (1) year.
One year??? Why?
6.295.070 Fees.
A. The fee for a license issued
pursuant to this Chapter shall be
one hundred twenty dollars ($120); an
additional fifteen dollars
($15) may be charged for each individual for
whom it is necessary
to obtain fingerprints for a criminal-history
check.
$120 even for having ONE party. That's pretty
hefty. Fingerprints???? What
country am I in?? We are going to force a
business owner to submit to
fingerprints in order for him to allow youth to
dance in his
business?? How do we justify this? I can run a school, a boy
scout troop,
an all ages bookstore, a toy store, a sporting club or nearly
any other
business that has youth clientele, including concerts, without
giving up
my fingerprints, but suddenly when these same youth stop looking at
the
band and start dancing to the music, I must submit to fingerprinting.
We
KNOW this is wrong.
B. The fee for transfer of a valid
All-Ages Dance License to a
new location pursuant to Subsection B of
Seattle Municipal Code
Section 6.295.120 shall be thirty dollars ($30);
an additional fee
of twenty dollars ($20) may be charged for each
individual for whom a
criminal-history check is performed; an
additional fee of fifteen
dollars ($15) may be charged for each
individual for whom it is
necessary to obtain fingerprints for a
criminal-history check.
We may not have had this in there if the Rave
community was better
represented on the YMTF, many rave promoters change
location with each
event. Things are starting to get expensive.
6.295.080 Authority of
Director. The Director is authorized to:
A. Make rules for the interpretation
and implementation of this
Chapter pursuant to the Administrative Code;
and
B. Grant, deny, suspend or revoke
licenses according to the terms
of this Chapter; and
C. Collect fees according to the terms
of this Chapter.
Hrmm, I thought the proposal that came
out of the YMTF had a citizens
panel that would have a say in this. Instead
we are giving these important
rights to a "director". Is this an elected
official?? (i don't think so,
more likely hired by the Mayor.)
6.295.090 License
Application.
A. The person desiring to conduct or
operate an All-Ages Dance or
All-Ages Dance Venue shall be responsible
for obtaining a license.
The applicant shall complete a license
application, which shall
include the following:
1. The name (including any aliases or
former names), address, day
and evening telephone numbers and date of
birth of the applicant.
If the applicant is not a natural person, then
this information
shall be provided for both the applicant and for the
natural
person making the application on behalf of the
applicant.
2. The name(s) (including any aliases
or former names),
address(es), day and evening telephone numbers and
date(s) of
birth of the on-site manager(s) of the All-Ages Dance or
All-Ages Dance
Venue. At least one on-site manager must be
designated for each
such dance or dance venue.
3. The name, address and day and
evening telephone numbers of the
owner of the premises upon which the
All-Ages Dance will take
place or at which the All-Ages Dance Venue
will be located.
B. If the answers to any part of
Subsections A1 through A3 of
this section involve a company,
corporation, partnership, governmental
entity, non-profit group or
unincorporated association, the name
of such entity and the names
(including any aliases or former names),
addresses, day and evening
telephone numbers and dates of birth of
the limited partners, partners,
officers, directors and principals
thereof.
So, if the Green Party decided to have a party,
they would give whose name
and contact info??
D. A statement from the applicant that
the premises are in
compliance with all laws and other legal
requirements, including
but not limited to building, zoning, health,
planning and fire
codes and the noise control ordinance; a statement
that the
applicant and on-site manager will, in the conduct of the
All-Ages
Dance or All-Ages Dance Venue, comply with all laws and
other
legal requirements, including but not limited to the building,
zoning,
health, planning and fire codes and the noise control
ordinance,
and a statement that no person listed under Subsection B
of
Municipal Code Section 6.295.100 is disqualified from
licensing
thereunder.
If we ended this here, I would be a big supporter.
We HAVE detailed
regulations in place that protect us ALL when we gather in a
business. We
need no special laws just because their are young people
dancing.
E. Such other information as the
Director requires by rule
adopted pursuant to the Administrative Code
for the health, safety and
welfare of the patrons of All-Ages Dances
and All-Ages Dance
Venues.
This frightens me. WHAT other information?
F. A certification or declaration under
penalty of perjury under
the laws of the State of Washington that the
information and
statements in the application are true and
correct.
sigh. I think this same declaration was on my
business license
application.
Ok, here comes the good part. There is a lot of
material that follows
before my next editorial copy. A huge list of criminal
offenses that will
prohibit you from getting a license.
6.295.100 Approval or Denial of License
Application - Grounds.
The Director shall grant a license
unless:
A. The applicant or the venue for which
the application is sought
has failed to comply with all laws and other
legal requirements,
including but not limited to building, zoning,
health, planning
and fire codes or the noise control ordinance;
or
B. The applicant, or the natural
person making the application
on behalf of an applicant that is not a
natural person, or any
limited partner, partner, officer, director or
principal of an applicant
that is not a natural person, or the
designated on-site
manager(s):
1. Is currently the subject of a
license suspension or revocation
pursuant to Municipal Code Section
6.295.160; or
2. Has, at any time, been determined to
be a sexually-violent
predator pursuant to RCW Ch. 71.09 or equivalent
statute; or
3. Has been convicted within the ten
(10) years preceding the
filing of such application of:
a. Any sexual crime involving a minor
or child as a victim,
including but not limited to: such crimes
charged under RCW Ch.
9.68A (sexual exploitation of minors), or RCW Ch.
9A.44 (sex
offenses), or RCW Ch. 9A.64 (family offenses), or RCW Ch.
9A.88
(indecent exposure and prostitution), or such crimes
included
within RCW 9.94A.030(33) (sex offenses), or such crimes
included
within RCW 43.43.830(5) (crimes against children or
other
persons), or a crime for which a finding of sexual motivation has
been
made pursuant to RCW 9.94A.127, or extortion for sexual favors
pursuant
to RCW 9A.56.110; or
b. An attempt or conspiracy to commit
any crime as set forth in
this Subsection 3, or of aiding and abetting
such crime; or
4. Has, under circumstances not requiring
license denial pursuant
to the preceding Subsections 2 and 3, been
convicted within the
five (5) years preceding the filing of such
application of:
a. Any felony crime involving the
unlawful manufacture, sale,
delivery,
dispensing, distribution, or the possession
with intent to
manufacture, sell, deliver, dispense or distribute a
drug, legend
drug, controlled substance or imitation controlled
substance,
including but not limited to those crimes charged under RCW
Ch.
69.41 (legend drugs), RCW Ch. 69.43 (precursor drugs), RCW
Ch.
69.50 (Uniform Controlled Substances Act) and RCW Ch.
69.52
(imitation controlled substances); or
b. Any felony crime of violence as
defined by RCW 9.41.010(11), a
most serious offense as defined by RCW
9.94A.030(23), a violent
offense as defined by RCW 9.94A.030(38), or a
felony with a deadly
weapon finding or verdict under RCW 9.94A.125;
or
c. Any sexual offense, including
but not limited to: a sex
offense as defined by RCW 9.94A.030(33) or
RCW Ch. 9A.44, a crime
for which a finding of sexual motivation has
been made under RCW
9.94A.127, crimes charged under RCW Ch. 9A.64
(family offenses),
extortion to obtain sexual favors pursuant to RCW
9A.56.110, or
sexual offenses included within RCW 43.43.830(5) (crimes
against
children or other persons), or crimes charged under RCW Ch.
9A.88
(indecent exposure and prostitution); or
d. Any other felony crime in which a
minor or child was the
victim; or
e. An attempt or conspiracy to commit
any crime as set forth in
this Subsection 4, or of aiding and abetting
such crime.
6.295.110 Approval or Denial of License
Application - Time Frame.
The Director normally shall approve or deny a
license within ten
(10) business days of the filing of a complete
application under
Municipal Code Sections 6.202.130 and 6.295.090;
provided,
however, that the Director may take reasonable additional
time for
approval or denial when necessary to conduct a
criminal-history
investigation.
Whew. Now that is a mouthful. Anyone that knows
what all those laws are is
a better person than me, and one with too much
time on his hand. I hope we
are all aware of our government's war on drugs,
and it's huge impact on
people of color. I have read email from the
supporters of this saying it
only prohibits felony drug traffickers and child
abusers from getting a
license. That's sure not my read of the actual
language. It seems to
include people convicted of prostitution or just about
any drug "sales"
(or possession with "intent"), including those convicted of
"conspiracy".
I find this passage very dangerous. If it only prohibited child
abusers,
maybe I would be more inclined to agree. But think about it again.
Here I
am, a law abiding toy store owner. I decide to throw a dance party for
250
of my best young customers. JUST because I let people dance in
my
business, i am required to submit to a criminal background check. I
work
for a local hospital and was not required to submit to such
a
comprehensive criminal check. Another thing I fear, many groups that
work
with youth who have been in trouble for drugs or prostitution
encourage
them to put on positive events like dances. We should encourage
youth who
have been in trouble with the law to put on events. These are
people who
have paid their debt to society, such as it is. Outside of clear
child or
sexual predators I see no use for this section.
6.295.120 License - Limited to Licensee
and Location - Transfer
to New Location.
A. Any license issued under this
Chapter shall apply to a single
licensee and to a single location only.
Such license shall not be
transferable to other persons or licensees,
and shall not be
transferable to other locations except as provided in
Subsection B
of this Section.
B. A valid license issued under this
Chapter may be transferred
for use by the same applicant at another
location only as follows:
1. The applicant must complete a
license transfer application,
which shall include the same information
and statements required
for the original license application by Seattle
Municipal Code
Section 6.295.090 and such other information as the
Director
requires by rule adopted pursuant to the Administrative Code
for
the health, safety and welfare of the patrons of All-Ages
Dances
and All-Ages Dance Venues. The original license application for
the
license sought to be transferred may be attached to the
transfer
application, and its information incorporated by reference
when
appropriate.
2. The Director shall approve the
license transfer application
unless the applicant or venue for which
the application is sought
fail to meet the criteria for license
approval set forth in
Seattle Municipal Code Section
6.295.100. No additional
criminal-history check need be performed
prior to approval of a
license transfer under this subsection for those
persons for whom
such a check was performed at the time of application
for the original
license sought to be transferred. The Director shall
approve or deny a
license transfer application within the time limit
provided by
Seattle Municipal Code Section 6.295.110.
Ok, it just seems like a lot of humps to jump
through. I just wonder how
much of this language would be here if concerts
had not been exempt.
C. The transfer of a license issued
under this Chapter to another
location shall not result in an extension
of the duration of that
license.
And your new improved fee and application does not
even extend the
license. sigh. this is BIG government. Not a plan to make
life easy for
and encourage youth dances.
6.295.130 Security
Personnel.
It shall be the obligation of every person
licensed under this
Chapter to insure that security personnel are
employed and in
attendance at an All-Ages Dance Venue during and
following each
All-Ages Dance, in order to maintain order and ensure
compliance
with the law. Specifically, such person must provide two
(2)
persons who have received formal training in crowd control
and
event management, plus one (1) additional person so trained
for
every one hundred (100) patrons admitted to the All-Ages Dance
or
All-Ages Dance venue in addition to the first two hundred
fifty
(250) patrons so admitted.
Ya know, I am actually ok with most of this. I do
object that this
requirement is in place ONLY for dances. I can hold any
other type of
event and I am not required to have this security? Maybe this
should be
something we include in a more comprehensive events
ordinance.
6.295.140 On-Site Manager
It shall be the obligation of every person
licensed under this
Chapter to insure that at least one on-site manager
is employed
and in attendance at an All-Ages Dance Venue during and
following each
All-Ages Dance, to be responsible for the direct
operation and
oversight of the dance or venue and supervision of other
employers
or workers.
It's nice to have someone in charge, when you have
an event. Again, dances
are the only event where we are asking the government
to legislate that we
have an On-Site Manager. I could run a Big Time
Wrestling promo and not
be required by law to have an "On-Site manager". I
probably would have
one, most likely would not need Father City to require me
to have
one. Only dances require this paternalistic interference.
6.295.150 Indemnification.
The licensee shall indemnify and hold the
City harmless from any
and all losses, claims, actions or damages
suffered by any person
or persons by reason of or resulting from any
negligence of the
licensee or its agents, employees, or patrons or on
account of any
act or omission of the licensee in its exercise of its
license or
use or occupancy of the premises. In the event any suit or
action
is brought against the City, the licensee shall, upon notice
of
the commencement thereof, defend the same, at no cost and expense
to
the City, and promptly satisfy any final judgment adverse to
the
City or to the City and the licensee jointly; provided, that
in
the event the City determines that one (1) or more principles
of
governmental or public law are involved, the City retains
the
right to participate in such action. The above liability shall not
be
diminished by the fact, if it be a fact, that any such
death,
injury, damage, loss, cost or expense may have been, or may
be
alleged to have been, contributed to by the negligence of the
City
or its officers, employees or agents; provided, however,
that
nothing contained in this section shall be construed as
requiring
the licensee to indemnify the City against liability for
damages
arising out of bodily injury to persons or damage to
property
caused by or resulting from the sole negligence of the City,
or
its officers, employees or agents.
This is the section I like the best. It is
completely appropriate for the
City to hold people who organize events liable
for what happens at those
events. I was not aware we needed a special law for
it.
III. ENFORCEMENT
6.295.160 Suspension or Revocation -
Grounds and Duration.
A. A license issued pursuant to this
Chapter may be suspended or
revoked pursuant to the terms of this
Chapter upon a finding that
any one (1) or more of the following
violations exist or have
occurred:
1. The license was procured by fraud or
false representation or
omission of material fact in the license
application; or
2. The applicant or licensee, or any
officer, director or agent
thereof has knowingly made any false
statement or given any false
information in connection with an
application for a license; or
3. The licensee or any employee, agent,
partner, director,
officer or manager thereof has, on three or more
occasions during
any one- year period, knowingly allowed or permitted
on the premises the
unlawful possession, consumption, opening, sale,
purchase or
supplying of liquor as defined in RCW 64.04.010(19), or
knowingly
has failed to remove from the premises any minor who appears
to be
under the influence of or affected by liquor; or
Ok, now you have jumped through all these hoops,
submitted fingerprints,
paid your money all for permission to do something
you already have a God
Given and Constitutionally protected right to do and
here comes Daddy City
telling you all the things they can accuse you of
to take away this
"right" that you just paid (paid again, you paid the true
price the day
you were born) I think the most offensive of this is the
last
sentence. You can loose your license by having ANY employee fail to
remove
someone who APPEARS to be affected by liquor? You want to regulate
that
any employee have the medical skills to tell if someone has
been
drinking, or will you not risk ousting people who have medical
conditions
that make them "appear" to have been drinking. Obviously you
do not want
people drinking at all ages events (ANY all ages event, not
just
dances) but the responsible thing to do is to kick out someone
for
drinking, or having liquor, not for "appearing" to be effected.
4. The licensee or any employee, agent,
partner, director,
officer or manager thereof has, on three or more
occasions during
any one- year period, knowingly allowed or permitted
on the premises the
unlawful possession, manufacture, sale, delivery,
dispensing,
distribution, or the possession with intent to manufacture,
sell,
deliver, dispense or distribute a drug, legend drug,
controlled
substance or imitation controlled substance, or knowingly
has
failed to remove from the premises any person who appears to
be
under the influence of or affected by any drug or
controlled
substance; or
Excuse me. Not all drugs are bad. Some people are
required to take
controlled substances to live. I know youth who would die if
they were not
permitted to possess appropriate drugs. This whole section is
drug war
nonsense. We have laws against a great many drugs. If we want to
stop drug
abuse we would work to get rid of some of those laws, not make a
special
one for people who choose to dance to music rather than watch the
band.
5. On three or more occasions during
any one-year period, the
building, structure, equipment or premises for
which the license
was issued has not complied with the building,
zoning, planning,
health and fire codes, or the noise control
ordinance; or
Hrmmm, wouldn't we want to take a look at the new
noise ordinance that the
city is still working on ?(ask why you haven't heard
much about that whole
thing)
6. The licensee or any employee, agent,
partner, director,
officer or manager thereof has knowingly allowed or
permitted:
a. Any felony crime of violence as
defined by RCW 9.41.010(11), a
most serious offense as defined by RCW
9.94A.030(23), a violent
offense as defined by RCW 9.94A.030(38),
or a felony involving
the use or display of a deadly weapon to occur in
or upon the
premises; or
b. Any felony sexual offense, including
but not limited to a sex
offense as defined by RCW 9.94A.030(33) or RCW
Ch. 9A.44, a felony
as defined by RCW Ch. 9.68A (sexual exploitation of
minors), RCW
9A.64 (family offenses) or RCW Ch. 9A.88 (indecent
exposure and
prostitution), a felony sexual offense included under
RCW
43.43.830(5) (crimes against children or other persons),
or
extortion to obtain sexual favors pursuant to RCW 9A.56.110
to
occur on the premises; or
c. Any felony sexual offense involving a
minor as the victim, or
any crime involving prostitution or promoting
prostitution, or
indecent exposure to occur on the premises;
or
d. Any act of solicitation for prostitution
to occur on the
premises; or
e. The unlawful possession of any
weapon or firearm to occur on
the premises; or
Granted, we do not want employees of dance halls to
permit crimes to be
broken. But don't we want this for ANY business. Why is
this just for
businesses that permit dance.
7. The licensee or any agent, partner,
director, officer,
principal or on-site manager thereof has violated
any of the
provisions of this Chapter or committed any act which is a
ground
for denial of a license issued pursuant to this
Chapter.
B. The duration of any suspensions or
revocations of licenses
issued under this Chapter shall be as
follows:
1. A 30-day suspension upon the first
violation during any one-
year period by any licensee or at any
All-Ages Dance Venue;
2. A 90-day suspension upon the second
such violation;
3. A one-year revocation upon the third
such violation;
I guess there is no use giving someone a license,
if you are not prepared
to take it away.
Provided, however, that if a license is
suspended because of a
determination or conviction as set forth in
Subsections B2, B3 or
B4 of Section 6.295.100 of this Chapter, then the
periods of
disqualification as set forth in those subsections shall
apply to
any person to whom such disqualification pertains; and
provided
further that, for purposes of this subsection, the fourth
and
subsequent occasions during any one-year period upon which
the
licensee or any employee, agent, partner, director, officer
or
manager thereof has knowingly allowed or permitted on the
premises
the unlawful possession, consumption, opening, sale, purchase
or
supplying of liquor since the license was last granted or
renewed
each shall count as a separate violation; and provided
further,
that for purposes of this subsection, the fourth and
subsequent
occasions during any one-year period upon which the licensee
or
any employee, agent, partner, director, officer or manager thereof
has
knowingly allowed or permitted on the premises the
unlawful
possession, manufacture, sale, delivery, dispensing,
distribution
or possession with intent to manufacture, sell, deliver,
dispense
or distribute a drug, legend drug, controlled substance
or
imitation controlled substance each shall count as a
separate
violation; and provided further, that for purposes of
this
subsection, the fourth and subsequent occasions during
any
one-year period on which the building, structure, equipment or
premises
for which the license was issued has not complied with the
building,
zoning, planning, health and fire codes, or the noise
control
ordinance, each shall count as a separate
violation.
Don't we already have laws on the books that cover all
of this??
6.295.170 Operating without a
License.
A. Any person who shall conduct or
operate an All-Ages Dance or
All-Ages Dance Venue without a valid
license issued pursuant to
this Chapter is guilty of a misdemeanor, and
may be punished by a
fine not to exceed one thousand dollars ($1,000)
or by
imprisonment for a term not to exceed ninety (90) days, or by
both such
fine and imprisonment. Absolute liability is imposed by
this
Subsection pursuant to Seattle Municipal Code Section
12A.04.100.
Have a dance, go to jail. I am surprised they are
not impounding the dance
hall (I better strike that line from the copy I send
to my Council
Members, I would hate to give them any ideas.) 90 days in jail
for putting
on a dance. Again, I have to ask what country we are in. This is
not the
type of law I want in a FREE country.
B. Any person convicted of a crime
pursuant to the above
Subsection A is ineligible to apply for an
All-Ages Dance license
for (30) days following such
conviction.
6.295.180 Appeals of License Denials,
Suspensions or Revocations
-
Role of Music and Youth
Commission.
A. Appeals from denials, suspensions or
revocations of licenses
issued under this Chapter shall be heard and
decided jointly by
the Hearing Examiner and two (2) Youth and Music
Commission
members as provided herein. Except as otherwise provided
herein, these
appeals shall be heard in the manner prescribed by
Seattle
Municipal Code Chapters 3.02 and 6.202.
Due process? Now tha's a nice idea.
B. Whenever the Hearing Examiner
receives a timely notice of
appeal, pursuant to Seattle Municipal Code
Section 6.202.270, of a
decision to deny, suspend or revoke a license
issued pursuant to
this Chapter, the Commission shall without delay
select, by
majority vote, two (2) of its members to hear and decide
that
appeal jointly with the Hearing Examiner. Only Commission
members
appointed by the City Council pursuant to Subsection A 1
of
Seattle Municipal Code Section 6.295.190 shall be eligible to
be
selected to hear and decide such appeals. In considering
the
selection of Commission members to hear such appeals,
the
Commission shall apply the provisions of Seattle Municipal Code
Section
4.16.070. No Commission member whose
participation in the hearing and
decision of an appeal would violate
Section 4.16.070 shall be
selected to hear and decide such
appeal.
This is not a bad idea at all. If it were part of a
fair and
comprehensive event ordinance, I might favor it. But as it is, it is
part
of an ordinance that targets only one specific type of music event. And
we
see below, while the rest of the law only deals with this one type
of
music, the "Commission" is dealing with music in general...
6.295.190 Music and Youth Commission -
Composition and Authority.
A. There is established a twelve
(12)-member Music and Youth
Commission. Six (6) Commission members
shall be appointed by
majority vote of the City Council, and six (6)
Commission members
shall be appointed by the Mayor, as
follows:
1. Five (5) of the six (6) Commission
members appointed by the
City Council shall be Seattle residents with a
demonstrated
interest in matters relating to music and musical
events,
neighborhood or youth-related issues, public safety or
law-
enforcement. To the extent possible, these Commission
members
should represent persons of diverse ages and interests, and
should
represent a variety of the City's neighborhoods. The City
Council
also shall endeavor to appoint Commission members that
include
parents, youth, band members, persons involved in conducting
or
operating musical events or venues, and members of
neighborhood
groups. Commission members appointed under this subsection
may not
be employees of the City of Seattle, and will serve
without
compensation.
I am not sure why band members and people operating
other musical events
or venues should serve. All the rules, regulations, and
punishments
described in this proposal ONLY effect dance music. Shouldn't
the
"commission" also be made up of people in the Dance Music community.
Maybe
if the YMTF had included people in this community we wouldn't be
looking
at this proposal.
I really do like the idea of a youth and music
commission. But like the
other sections of this proposal that I like, I feel
that it should be as
part of a fair and comprehensive event ordinance (if the
city really is
lacking in such laws)
2. The sixth Commission member
appointed by the City Council
shall be a City Council member or Council
staff person.
3. The six (6) Commission members
appointed by the Mayor shall be
City employees with a demonstrated
expertise in or professional
responsibility for law enforcement, public
safety, musical events,
or youth or neighborhood issues and related
matters. Mayoral
appointees shall include, among others,
representatives from the
police department and fire
department.
In a democracy wouldn't we want to elect these
people???
B. Each Commission member shall serve a
two (2)-year term;
provided, however, that three (3) of the initial
City Council
appointees and three (3) of the initial Mayoral appointees
shall
serve initial terms of one (1) year, to provide for
staggered
terms. Following the initial appointments, the terms of
one-half
(1/2) of the Mayoral appointees and one-half (1/2) of the
Council
appointees shall begin on January 1 of even-numbered years,
with
all other terms beginning on January 1 of odd-numbered years.
No
Commission member may serve more than two (2) consecutive
terms.
Vacancies shall be filled for the duration of an unexpired term
in
the same manner as the original appointment. If a person
is
appointed to fill the duration of an unexpired term, then
that
term shall qualify as one (1) of the two (2) consecutive terms
only if
the portion of the unexpired term actually served is one (1)
year
or more. If the appointing authority fails to appoint or
re-
appoint a person to fill a Commission position before
the
incumbent Commission member's term has expired, then the incumbent
may
remain in his or her position for a period not to exceed 60
days
until such appointment or re-appointment is made. The authority
that
appointed a Commission member may remove that Commission member
at
will. The Commission may, by majority vote, remove from office
a
Commission member who is absent without excuse from three
(3)
Commission meetings during any one (1)-year period. The
Commission
may adopt, promulgate, amend and rescind administrative
rules and
regulations for its own conduct.
Just housekeeping.
1. The purposes and duties of the
Commission are as follows:
a. To promote and facilitate
communication and understanding
between and among all-ages and youth
music and dance promoters and
licensees, musicians, youth, parents, and
governmental officials;
and
b. To promote an understanding of laws,
policies and resources
relating to all-ages and youth music and dance
events and venues
in the City, and to make recommendations concerning
these laws,
policies and resources; and
c. To provide, through its own
broad-based membership, an
informed opinion concerning all-ages and
youth music and dance venues in
the City, to complement the work of the
City's elected officials and
departments in these areas, and to make
recommendations to those
elected officials; and
d. When pertinent, to solicit public
comment on issues relating
to all-ages and youth music and dance events
and venues in the City;
and
2. Pursuant to Subsection B of Seattle
Municipal Code Section
6.295.180, to select Commission members to hear
and decide,
jointly with the Hearing Examiner, appeals from the
denial,
suspension or revocation of a license issued pursuant to this
Chapter.
It just seems very odd to me that the same
ordinance that creates rules,
license and punishment for only one very
specific type of music, then goes
out a creates such a broad commission.
Again, if we are going to have a
law that ONLY deals with dance music, the
least we could expect is that
the commission we form to deal with that law
will also come from the dance
community. It's the big thing this entire
proposal lacks. Fairness. Rock &
Roll is good. Disco Sucks.
sigh.
6.295.200 Validity of Licenses Issued
under Former Chapter 6.294.
All licenses issued under former Seattle
Municipal Code Chapter
6.294 prior to the effective date of this
ordinance, and which are
otherwise valid, shall remain valid for thirty
(30) days following
the effective date of this ordinance.
Section 3. All violations
occurring, all proceedings begun, and
all notices given under Chapter
6.294 of the Seattle Municipal
Code as it existed prior to its
repeal by this ordinance shall
continue unaffected by this
ordinance.
Section 4. Severability. The
several provisions of this
ordinance are declared to be separate
and severable and the
invalidity of any clause, sentence, paragraph,
subdivision,
section, or portion of this ordinance, or the invalidity
of the
application thereof to any person or circumstance, shall
not
affect the validity of the remainder of this ordinance or the
validity
of its application to other persons or
circumstances.
Section 5. This ordinance shall
take effect and be in force
thirty (30) days from and after its
approval by the Mayor, but if
not approved and returned by the Mayor
within ten (10) days after
presentation, it shall take effect as
provided by Municipal Code
Section 1.04.020.
Passed by the City Council the _____
day of ____________, 2000,
and signed by me in open session in
authentication of its passage
this _____ day of _________________,
2000.
That's the whole deal. While I have great respect
and admiration for those
that worked so hard on it, sometimes allies must
disagree. I find this to
be blatantly unfair. I think we should go back to
the drawing table. I
think we should have Public Hearings (it would be nice
if Council Members
would attend, the last Public Hearing on this was attended
by only one
Council Member.) We should look carefully at existing laws that
regulate
businesses and events. We should look at building codes, fire
safety
rules, drug and liquor laws with a critical eye. I think if we look at
the
totality of laws on the books now, we will find we do not need
this
proposal and can safely repeal the Teen Dance Ordinance. If on the
other
hand, we find we are missing something and we really need a new law
to
protect our youth at events, than that law should be fair
and
comprehensive. It should be constitutionally sound. It should apply to
all
events ever a certain size.
I believe that people who support this proposal
believe that it is
significantly better than the current law, and that it is
the best we can
do, at this time. I respect that opinion, but I do not agree.
I think if
we stick to our guns we can continue call for a complete repleal
of the
TDO.
We must act fast to let the City Council know our
wishes. They seem to be
of the mind that their is no opposition to this
proposal from the music
community, or the dance community. It is important
that we let them know
that many of us are actually quite concerned with the
details in this
proposal.
Thanks
Tim Crowley
Free Speech Seattle.
[[Related links: The War on Information]]
Sen. Bob Graham, D-Fla., recently introduced the "Ecstasy
Anti-Proliferation Act of 2000." The bill would stiffen legal penalties for
ecstasy dealers. But much of the language is aimed at controlling information
about the drug. An aide to Graham said the bill's main targets are Web sites
that extol its virtues and announce the raves where people can buy
it.
But the bill goes beyond even this
questionable assault on free speech. It would ban the teaching, demonstration or
distribution of information about ecstasy if the people distributing that
information know that someone will commit a crime based on what he has learned.
Naturally, this alarms DanceSafe founder Emanuel Sferios, whose organization
does exactly that. http://www.dancesafe.org
The partial result-
-----
[4. stimuli]
[musik]
interview with
dj algorithm
[activist (musikal) & read]
cd price
fixing
1967: The Houseboat
Summit: Ginsberg, Leary, Watts, Snyder
[net-art]
-----
[5.
deployment]
aug12-13(Mt.Hood,
Oregon) Apollo's Lute Gathering.
aug12(van) UTV
Conference: Rethinking Resistance. Britannia Community
Centre,
9am-6:30pm. $1-$20
donation. Commercial Dr. @ Napier St. 254-2937
aug13(van) Under the
Volcano: HQ stage feat. Tobias, Primordial
Nature, + others.
aug15(van) Onionz (dubtribe, NYC) @blueprint, the
plaza, 881 granville st.
aug19(vic) Tobias @ Neptune Sound Bar, w/Koosh,
others.
aug19(van) ESCAPE VELOCITY w/ Veloce, Math Genius,
Vebrilli Soundsystem,
aug26(van)
PlurMyAssAgain!: SummerFuck feat. Spock Jenkins, Ass Magic Johnson, Tobias,
Bliss vs. Tom 23 live PA. http://www.plurmyass.com
sept02(van)
Detention rave feat. rave headliners, Capitol J + Tobias
sept02(calgary) JEFF
MILLS
I was in the pub last night, and a guy asked
me for a light for his cigarette. I suddenly realised that there was a demand
here and money to be made, and so I agreed to light his cigarette for 10 pence,
but I didn't actually give him a light, I sold him a license to burn his
cigarette. My fire-license restricted him from giving the light to anybody else,
after all, that fire was my property. He was drunk, and dismissing me as a
loony, but accepted my fire (and by implication the licence which governed its
use) anyway. Of course in a matter of minutes I noticed a friend of his asking
him for a light and to my outrage he gave his cigarette to his friend and
pirated my fire! I was furious, I started to make my way over to that side of
the bar but to my added horror his friend then started to light other people's
cigarettes left, right, and centre! Before long that whole side of the bar was
enjoying MY fire without paying me anything. Enraged I went from person to
person grabbing their cigarettes from their hands, throwing them to the ground,
and stamping on them.
Strangely the door staff exhibited no respect for
my property rights as they threw me out the door.
--Ian Clarke
----
--------
<ST> DENIES
ALL INVOLVEMENT
list
direktor -- send event updates, promos and
rekon
Kudos: the List, muschi, IC, SAN, Ralph Warren, Tim Crowley,
buddhA Weitzel,
otac
(lvinc), agent aynat, activists in Philly + the world over, the ABB,
Construct.
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