Santa Barbara Considers New Restrictions to Downtown Dancing Print E-mail
By Melissa Evans   
Monday, April 23 2007

Jeff Clark harkens back to the movie “Footloose” when he thinks about enforcing the dance restriction in his nightclub.

If patrons are caught swaying to music too raucously, “I have to tap them on the shoulder and tell them to stop,” said Clark, who doesn’t yet have a city permit to allow dancing in his club, Eos, on the corner Anacapa and Haley streets. “It’s horribly humiliating.”

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It’s not quite the same as “Footloose,” a 1984 movie about a group of teenagers who rebel against a dance restriction in their small conservative town -- Santa Barbara does allow dancing, but only to permit holders. City leaders are now considering more restrictions to tame the noise and police activity in the downtown area.

Business owners, primarily at the Hotel Santa Barbara and the Holiday Inn Express – both located smack in the middle of nightlife on State Street – have been asking city leaders for several months to review their policy on dance permits and possibly cap the number issued to downtown clubs. 

The city’s Ordinance Committee will review these changes in coming weeks after more than a year of discussions with bar and restaurant owners and surrounding business owners and residents.

“It’s a difficult situation to deal with year in and year out, seven days a week,” said Kay Morter, general manager of the Holiday Inn on Haley Street. “This is a real problem area in crime, noise, neighborhood quality of life. More residents that you’d think are really bothered about this.”

In Santa Barbara, 21 nightclubs and bars have permits that allow dancing. Of those, 14 are in the so-called “entertainment district” that includes the three-square blocks of Ortega, Gutierrez, Chapala and Anacapa streets.

City leaders are tentatively proposing to cap that number at the status quo of 14 in this district, and to allow no more than 25 permits in the entire city.

While Morter and others say that number is still too high, bar owners say changes in the policy could significantly affect the value of their property. Although new owners must apply for a new permit when they take over the business, the cap may prevent this possibility.

“Without a dance permit, this place is worth less than half of what it is now,” said Bob Stout, owner of the Wildcat Lounge on Ortega Street.

He and others also take issue with new penalties that may be imposed on club owners who hold these permits. Along with noise violations and overcrowding – infractions specifically related to dancing – owners may also be dinged for alcohol and beverage control violations such as serving minors, criminal activity such as fighting and other violations not necessarily related to dancing.

Five violations in any category could result in revocation of the dance permit. Owners say these new rules may be a guise for punishing otherwise good business owners.

Santa Barbara police say most owners do a good job of running their business. Officers assigned to the downtown area know most of the bouncers and bar owners by name. The officers carry cell phones that owners often call when they suspect fake ID’s, or to assist in other ABC violations and criminal activity.

The owners generally do “a very good job of managing their crowds and screening people,” said Capt. Bob Lowry, of the Santa Barbara Police Department, who  is working on the dance permit issue.

According to police, crime in the entertainment district has decreased 21 percent over the last two years. Although just two officers are assigned to patrol the area, as many as 20 officers from other areas assist, particularly when the bars close at 2 a.m. 

Morter and other business owners point to statistics showing that 39 percent of all arrests in the city between 10 p.m. and 3 a.m. occur in this entertainment district. Also, 70 percent of all alcohol-related arrests occur in this area.

It’s an enormous drain on police resources, she said. And the visible police presence in the area is disconcerting to the hotel customers, she said.

She and other business owners have appealed the approval of recent applications for dance permits, including one for owners of the Sandbar on State Street. The City Council will take up that appeal later this month.

The permits cost about $1,200. The city is proposing they be renewed annually, and that owners undergo criminal background checks before approval.

Clark, owner of Eos, said he applied for a permit in February, but has not yet heard about its status. He took over ownership of the club from Cooney’s, which had a dance permit.

He said he and others invested significant resources to spiff up the bar, but that many customers end up leaving at about 11 p.m. because they’re not allowed to dance.

Other owners say the permitting process puts a damper on the downtown nightlife.

“I see what they’re trying to do,” said Craig Jenkins, owner of Velvet Jones on State Street. “But if we’re running our business well and doing everything right, I don’t see what the problem is.”


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