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speaker.gif Newsom to clubs: Curb it!

Bad partiers! Go to your room!

Today our former pAArtying mayor (bitter?), himself a nightlife magnate, proposed some rather sketchy "Nightlife Reform Legislation" aimed at, he says, curbing all the violence going on in the vicinity of clubs. Because nightclubs are really the ground zero of violence in this city, of course.

outsidea.jpg
The only violence we see here is the muffin top on the right.

The proposed legislation will now go to the Board of Supervisors for approval, was co-sponsored by Supervisor Sophie Maxwell (in whose district a recent shooting at Jelly's occurred), and was announced this afternoon by Newsom alongside Police Chief Heather Fong, members of the Entertainment Commission and local nightclub owners and promoters. We're all for stopping the violence, but we're also all for being able to throw a party free of governmental intrusion -- hey, we're nightlife libertarians! -- and price tags in the thousands, both of which may be incurred by the below. Send an email to your supervisor now in protest -- this legislation could wipe out a ton of independently produced parties, folks.

****It will be illegal, between the hours of 9pm-3am, to loiter within 10 feet of any nightclub (no word yet on bars). People waiting for the bus are excluded. What about people waiting for taxis? Or talking on the phone? And better drag on those smokes pretty quick! And hey, bangers, you'll just have to shoot each other in the parking lot across the street, k? Update: according to SF Gate, people waiting for taxis and smoking will also be exempted

****Promoters will be held directly responsible for any incidents that happen at nightclubs they're throwing parties at (Is that why local nightclub owners are excited about it?)

****The legislation proposes that ALL promoters who throw more than two parties a year obtain permits (wonder how much those will cost -- and if the "promoters" in on the talks were high rollers looking for an easy way to quash competition?)


****All afterhours nightclubs will have to create "security plans" to be approved by the Executive Director of the Entertainment Commission (again, no word on what the cost will be).

We'll clear up some of the details above and follow the story here. Full proposed legislation press release after the jump.

FOR IMMEDIATE RELEASE:
Thursday, February 28, 2008
Contact: Mayor’s Office of Communications,
415-554-6131

***PRESS RELEASE***

MAYOR GAVIN NEWSOM PROPOSES NIGHTCLUB REFORM LEGISLATION
Four ordinances will address the recent spate of violence outside
nightclubs

San Francisco, CA – Today, Mayor Gavin Newsom was joined by Police Chief
Heather Fong, members of the Entertainment Commission and local nightclub
owners and promoters to announce new legislation aimed at reforming the
nightclub industry. Four pieces of legislation will be forwarded to the
Board of Supervisors at the next full Board meeting and are co-sponsored by
Supervisor Sophie Maxwell.

“People are going to these nightclubs, carrying guns, and committing
violent crimes,” said Mayor Newsom. “This violence will not be allowed to
continue, and we are telling nightclub industry officials that we are here
to help you, but we are going to make some changes.”

Three of the proposed ordinances focus on reforming permitting protocol for
promoters and nightclubs, and a final ordinance will prohibit loitering
around nightclubs during the late evening and early morning hours.
- The first ordinance would require promoters to obtain a permit before
holding two or more events per calendar year, thus enabling the
Police Department and other regulator agencies to know who is
directly responsible for an event and hold them accountable for a
security plan and any violations of health or safety rules.
- The second ordinance amends existing law to tighten the permitting
process, and grants emergency powers to the Director of Entertainment
Commission to suspend permits for a variety of safety and noise
violations.
- The third ordinance clarifies the application requirements for
Extended-Hours Premises Permits (premises which are open between
2-6a.m.), requiring these premises to create security plans, which
the Executive Director of the Commission must approve.
- The final ordinance makes it illegal to loiter within 10 feet of a
club for more than 3 minutes. It only applies between 9p.m. and 3a.m.
and does not apply to people waiting for a bus or other activity. A
person must be warned before they can be cited.

“The areas directly outside nightclubs have become locations for assaults
and shootings, and nightclub goers have become fearful for their safety,”
said Chief Fong. “This proposed anti-loitering legislation is another
crime-fighting tool for our officers, and our hope is to reduce the
incidence of violent crimes around these entertainment venues.”

The Mayor’s Office of Criminal Justice (MOCJ) held the first Nightlife
Safety Summit in January, convening owners of nightclubs, event promoters,
and other members of the nightlife community to discuss violence occurring
outside of late night entertainment venues. Participants were asked to act
as partners in public safety activities to reduce violent crime and accept
accountability reforms in light of recent incidents involving nightclub
patrons.

“The entertainment community is proud to be a partner in the development of
this legislation, as our venues benefit most when our customers feel safe.”
said Entertainment Commission President Audrey Josephs. “This legislation
gives greater authority to the Entertainment Commission to act quickly and
effectively when violations do occur.”

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Comments (5)

Rah, way to get the word out Marke! I too wonder who those "promoters" who were part of the process are - certainly no one I know in the gay club scene was part of that, which leads me to the same conclusions as yours - it will be used as a way of killing independent promoters and squashing competition.

I wrote Bevan Dufty, and a copy of my letter is up on my blog; I'd urge anyone else who is concerned about this legislation to get in touch with their supervisor now and try to put a stop to this.

Chris Brown:

While I understand why club owners may not want to have to assume responsibility for actually managing their properties/events and providing adequate security, I don't believe this proposed legislation is a big deal, nor will it "kill" nightlife. Other cities with much better night life than San Francisco have similar regulations.

I don't care one way or the other about Gavin Newsom, but as I understand the components of the the proposed ordinance, the new laws will simply require night club owner/promoters to have adequate security and safety planning and to comply with with a city permitting process so promoters so the city can know who the responsible parties are and better track violations.

Sorry if that adds to the costs of running a club or throwing a commercial entertainment event--it's called a "cost of doing business", and I doubt the price will be as high as the club owners/promoters warn.

I enjoying going out from time to time (I prefer smaller venues to huge nightclubs), but I firmly believe that clubs, like any business, should operate safely and without being a public nuisance--or they should not operate at all.

Chris -- I'm not really concerned how this will affect high-roller promoters who charge $30 at the door for doing nothing but making a flyer and bringing in a liquor sponsor's scantily clad representatives. My point here is that this will seriously affect promoters who charge very little at the door -- most of the great parties I go to are free, in fact -- and do it out of love and art. Most of the time these promoters actually lose money (but the bars make more on drink sales, which is why they bring in promoters in the first place -- so this will affect their income as well).

You say you don't go out much, so let me bring you up to date -- art-oriented nightlife has blown up in the past 20 years, and club nights put on by creative people with little money FOR creative people with little money have become the crucibles of artist, music, and fashion development, which in turn fuels a good part of our economy, not to mention keeps San Francisco a desirable "funky" tourist destination.

Many of the promoters I've talked to who are wary of this legislation say they'd rather take their events, which often include live bands, underground (i.e. house parties in your neighborhood) rather than submit themselves to government scrutiny ...

Lumping ALL nightlife together is ridiculous, like saying all music is the same. It's an extremely ludicrous lack of respect for an art form that's been around forever. These (very few) violent incidents happened at particular venues that host particular kinds of parties put on by particular promoters. There's no reason that everyone involved in nightlife should be implicated or punished. These were tragic events, but if three or four people getting hurt out of the 50,000 or so who attend nightlife events is a measure for cracking down, we might as well sign everyone up for a government badge to ride Muni.

And I'm very offended by your statement that other cities have better than nightlife than San Francisco -- if anything, the few cities that do have better nightlife are the ones with clubs that can stay open all night and serve liquor after 2am! Signed, pissed off virtual drag queen.

The problem with this legislation is that it puts forth no specifics about the permitting process for promoters, nor does it specify what sanctions will be brought to bear if you don't have a permit, or if a club hosts an unpermitted party. As Marke points out, most of the music/dance/art events that go on outside major clubsl like 1015 or Ruby Skye are put on by small -scale promoters like myself, who usually barely make enough money to cover the costs of our flyers. If the city now wants to require EVERY promoter who does more than two events a year to go through a permitting process, then it will certainly have a negative effect on the club scene by discouraging people from participating in it. There's also no specification on how this law will be enforced; can we now expect the police to show up at every club in the city and ask whether all their nights have permitted promoters? Do we really want the police to have that kind of ability to harass clubs, bars, and promoters? Finally, responsibility for security and health issues is always up to the club; they provide their own in-house security, and part of their permitting process is having their building and bar all up the appropriate codes. Why should I, as a promoter who is essentially renting the space, be responsible for this? It's obvious that this leglislation was crafted by people who have no experience of doing actual club promotion, and it needs to either be killed or significantly amended to reflect the realities of the small club promoter, rather than something that exists only a bureaucrats imagination.

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