City poised to tighten up on night life

Nightlife is fast and loose, and so are Oak Harbor’s cabaret regulations.

Adopted in 1972, the original ordinance regulating cabarets hasn’t kept us with the times.

Nightlife is different now, and so is the city’s level of authority to regulate “music, singing, dancing or other similar entertainment.”

Over the years, court decisions to regulate evening entertainment granted cities greater leverage over their licensing role, but the ordinance remained unchanged — until now. The council is considering an amendment that would give they city more power in regulating adult fun.

First, the change would refer to cabaret-type establishments as nightclubs to jibe with the current lingo.

But more importantly, the amendment would allow the city to update the wording of the 1970s ordinance to more specifically spell out and strengthen nightclub regulations.

The current ordinance is so broadly worded that the Bay City Bistro recently needed to apply for a cabaret license. Under the proposed ordinance, they will not be required to purchase a license, said Margery Hite, city attorney.

Because of the proposed changes, fewer businesses will need to get licensed. To offset the loss of revenue, the fee will increase to balance the estimated drop in licenses, according to the amendment.

“The fees are appropriate,” said Mayor Jim Slowik. “They are prorated for the amount of work that goes into the changes.”

The new amendment will clearly identify nightclubs as businesses with “activities that are associated with increased noise, traffic and similar concerns,” and as “businesses which create additional demands on police and other city services,” according to the amendment’s introduction.

Under the new amendment, the city could impose individualized license conditions based on the interests of the establishment’s neighbors to reduce neighborhood conflicts.

“This is much more focused, much more specific,” said Hite. “The idea is to make it individualized.”

And those extra stipulations will please some community members.

New Life Missionary Baptist Church Pastor K. David Johnson said his congregation does not approve of the Element, a nightclub in the same shopping center as the church.

“This is a good, healthy clean city,” he said, calling the Element’s patrons “loud and loose.”

But Slowik said the ordinance amendment does not address and specific nightclub.

“This tightens up our cabaret license so there are measurements for noise and traffic,” he said.

Gray Giordan, a resident of Waterside Condos, a community directly across the street from the Element, isn’t sure the proposed amendment is enough to curb the neighborhood disruptions caused by the nightclub. Instead, he encouraged the council to use the existing ordinance.

“You have the power to revoke certain licenses for certain behaviors,” he said. The Element’s liquor license was recently suspended for nine days by the Liquor Control Board due to violations of liquor laws.

Hite assured Giordan that the existing ordinance is too broad and that the amendment will focus on specifics, including a new structure for fines.

Councilman Rick Almberg agreed with Hite that the amendment will beef up the outdated cabaret ordinance.

“This puts big, sharp teeth into the ordinance,” he said at last week’s council meeting.

If the amendments are approved, nightlife culture is sure to remain fast and loose, but it’ll cruise on with a few added regulations to help keep bar hoppers safe and neighbors happy.

A public hearing on the amendment is set for Tuesday, Dec. 2 at 7 p.m. at City Hall, 865 SE Barrington Dr., Oak Harbor.

Whidbey News Times Reporter Jenny Manning can be reached at jmanning@whidbeynewstimes.com.

COMMENTING RULES: We encourage an open exchange of ideas in the PNWLocalNews.com community, but we ask you to follow our guidelines for respecting community standards. In a nutshell, don't say anything you wouldn't want your mother to read. So keep your comments:

• Civil
• Smart
• On-topic
• Free of profanity

We ask that all participants own their words by registering for an account. It's a simple process that will take seconds and helps keep our comments free of trolls, cranks, and drive-by commenters.

As a community site, we ask that the community help by using the "Flag" button on each comment if they feel the comment has violated the rules. You can also use the up and down arrows on each comment to voice your opinion about that particular comment.

Want to tell us something but you don't want it to be public? Talk to us privately.