The Cretin Hop
Music breeds passion for many, and when a passion is threatened, people become defensive. So when those in the Spokane music scene heard that their concert-going freedom might be severely restricted by new city law, a sense of dread began to rise.
While the situation now seems to be nearing an agreeable resolution for both those in music scene and law enforcement, it was not easy to get to such a point.
When news broke in January that an amendment was being considered to tighten up the Spokane’s municipal code with regard to cabaret licensing and all-ages venues, many in the local music scene were up in arms. The suggested changes included age restrictions and other measures that could potentially force clubs out of business. The fear was that City Hall was trying to ruin the local music scene in Spokane.
The issues in question dealt with changing Chapter 10.23 of Spokane’s municipal code, which deals with amusement facilities. The code covers teen clubs and cabarets, the two categories that concert venues fall under. The main proposal called for an age restriction for all-ages shows. It would prohibit those under the age of 16 from attending shows without a parent and would also mandate an ID check to enforce it. This proposal would cut off the target audience of many venues.
The other major change proposed would require clubs to have a liability insurance plan worth at least $1 million. This change would be a bare minimum requirement, and venues that serve alcohol would have to be insured for even more. If put into effect, it would force certain venues to shut down instantly and would lead to many bars having to choose no entertainment (be it music, comedy, karaoke, ect.) over having to take out the heavy insurance policy for cabarets.
The concerns over these measures come from a combination of many factors including some miscommunications on what was actually called for in each case, the economic model of concert venues, and the general underdog mindset of alternative music scenes. Past problems with similar ordinances in Western Washington also led many to raise some red flags.
Rationale
The man behind the proposed changes is Police Licensing Officer Max Hewitt. As a part of the Spokane Police Department’s Special Police Problem unit, Hewitt’s job is to try to prevent police problems that might arise from certain types of businesses. His goal is to create safer neighborhoods, and striving for that goal was what led to the proposed changes.
The move to update the ordinance began when issues arose while The Big Dipper was under its old management. The venue had always had a history of problems, most notably underage drinking. The ongoing string of these events led to The Big Dipper being stripped of its cabaret license in 2002, making it so that concerts could not be held there for a time. Eventually RAWK, a local Christian non-profit concert promotion organization, stepped up to take over management, and there have been no problems since. Nonetheless, the problems with the venue got police and members of City Hall thinking about regulations of such establishments.
When The Cretin Hop opened last fall, it immediately became a hotspot of violations and public complaints. The police had issues with alcohol, fights, and noise at the newly opened venue. However, after an initial couple month The Cretin Hop obtained a liquor license and entered into a Good Neighbor Agreement with the police department. According to Hewitt, since these steps have been taken, no real issues have arisen.
Another big reason Hewitt has for making the change is just how outdated the ordinance on the books is. In its current state, the code is ill-defined and overly restrictive with regard to the type of clubs that cater to local music. All-ages clubs were lumped together with things such as circuses and carnivals, which led to odd requirements including restrictions on traffic, parking and inspections.
“We realized at this time that we really did not have a clear-cut section in the ordinance to address these types of clubs,” said Hewitt. “I also realized that the Teen Club section was so restrictive that no one would want to try to go into this kind of business.”
Hewitt stresses that the the changes are not an attack on the scene. The focus is to make the venues safer, cleaner, less disruptive, and overall more beneficial units of the neighborhoods which they are part of.
“We are not trying to inhibit or restrict the music industry, just trying to cover all the bases so that we can protect the public,” said Hewitt.
The mandate for requiring venues to get a $1 million insurance policy is actually a completely separate issue from the other code changes. It was recommended by the Risk Management Department at City Hall.
The proposal is a response to the fire that occurred at The Station nightclub in West Warwick, R.I., in February 2003 that killed 100 people. The club was holding a concert for the band Great White when pyrotechnics caused the building soundproofing foam to catch on fire. The resulting blaze spread quickly and engulfed The Station, leaving people unable to escape the flames.
The goal is to prevent tragedies of this type and protect both the venues and concertgoers by having a solid insurance policy in place.
Reaction
Dale Storm, the secretary/treasurer of RAWK, immediately came out vocally against the proposed changes. Storm has been a recognizable staple of the music scene for years and saw the sudden push for change as an unprovoked attack. The proposed changes would cripple RAWK because the organization’s target audience would be barred if an age restriction were implemented. Additionally, RAWK’s business model makes it very difficult to take on additional costs, such as the liability insurance.
“We are not using alcohol sales to subsidize our operations like many venues,” said Storm. “This makes it so the insurance cost would be even more burdensome.”
Part of Storm’s frustration is due to what he perceives as a miscommunication and lack of clarity he’s experienced with the authorities. Although he and Hewitt have had numerous conversations in person and via telephone, Storm said he was still confused as to why the measures, especially the age restriction, were brought up in the first place.
“No one seems to know the purpose of [an age restriction], which is disconcerting,” said Storm. “Why have it at all? What are we trying to solve? It’s kind of a mystery.”
Miscommunication even carried over to the printed word. The Pacific Northwest Inlander, the leader in covering area music, immediately picked up the story, which was already being spread via Internet social networks like MySpace and Facebook. The Inlander’s Arts and Culture Editor, Luke Baumgarten, weighed in on the topic in his weekly column “The Bomb Garden” on Jan. 6. In the column he criticized the ordinance even though he had not yet been able to get a hold of anyone who was behind its proposal via phone. A week later Baumgarten conducted a short interview with Hewitt to get the other side that was lacking in the original piece. When he talked to Hewitt, he had found that the proposals were not nearly as restrictive as had been originally thought. However, the original column had already furthered fanned the flames of unrest and led to more concern about the measure.
Conversely, TC Chavez, the owner of The Cretin Hop, has had very solid communications with the authorities. After initially coming out in strong opposition to the measures, Chavez has come to understand the proposals after talking with Hewitt. He says that he doesn’t feel targeted at all and attributes the initial problems at The Cretin Hop to simple misinterpretation of laws by both sides. When he’s talked to the police department, they have been “extremely helpful” in trying find a way to resolve issues.
The Seattle Fear
Much of the fear from promoters toward ordinance changes stemmed from the Teen Dance Ordinance that essentially killed true all-ages shows in Seattle from 1985 to 2002. The ordinance set up harsh restrictions on anything classified as a “dance” and dealt with patrons under the age of 18. Because the term “dance” was ill-defined in the measure, the ordinance was applied to essentially any event where kids gathered and moved around while listening to music, which most of the time meant concerts.
The ordinance severely handicapped the Seattle music scene for many years. Under the ordinance any shows that wanted to allow minors to attend could only be attended by kids age 15-20. Anyone under 15 needed a chaperone to attend, and anyone older than 20 needed to accompany a minor to attend. These rules led to many venues simply having to cater to only audiences over 18 years of age. It also discouraged many musical acts that wanted to play all-ages shows from even bothering to play in Seattle.
The initial passing of the ordinance stemmed from the lack of regulation of youth clubs before 1985. The most notable target was a club called The Monastery. It was notorious for the alleged illicit activities that took place inside its walls, including rampant drug use and sexual abuse of minors. Clubs like this attracted the neglected street youth of the metropolitan area. This tarnished underage clubs’ images in Seattle and the Teen Dance Ordinance was passed to fix the problem, which brought down many establishments that were running clean operations.
At various times many noteworthy Seattle musicians, including Nirvana’s Krist Novoselic, Pearl Jam’s Eddie Vedder, and Death Cab for Cutie’s Ben Gibbard, came in front of the City Council to support changing or scrapping the ordinance. Novoselic even founded political action committee JAMPAC, whose main goal was to fight against the Teen Dance Ordinance. Activists continued to try and gain support for changing what they saw as draconian law.
A bill to replace the Teen Dance Ordinance with a new, looser ordinance finally made its way to the City Council in 2000. It passed by a margin of 7-to-1, only to be immediately vetoed by Mayor Paul Schell. When new mayor Greg Nickels, who was a proponent of the vetoed bill, took office, the ball got rolling again. In August 2002, the All-ages Dance Ordinance was passed to replace the Teen Dance Ordinance. While it was not everything the activists had hoped to gain, it was far more liberal and actually encouraged all-age concerts.
Changes
After such a passionate response to the initial proposals, there has been much reviewing and revising of the measures.
The age restriction recommendation has been dropped altogether. The measure was unpopular not only among the people in charge of the music scene, but also among many city officials. This includes Mayor Mary Verner, who has been a longtime advocate of the music scene and has worked closely with RAWK to help promote a positive music environment for youths. After hearing the complaints it has been determined that improving the standards expected for management and increasing security measures is far more important than restricting certain age groups from shows, since these changes would make venues better for people of all ages. Age restriction seemed to be a way to get around having problems with minors instead of addressing the bigger problems with the venues’ environments as a whole.
Additionally, the insurance plan issue seems to have found a more liberal alternative. Hewitt has been unable to find another city that requires such a strict insurance requirement. Because of this discovery, Hewitt thinks that this part will be dropped in favor of an indemnity clause. Such a clause would entail an agreement between venues and the city where terms of compensation would be set if the venues were responsible for harm, loss, or liability. It’s a far less restrictive measure that would not put a great financial burden on the businesses.
Where It Goes From Here
The final fate and details of the ordinance are still up in the air. Hewitt and those he’s working with on the measure are still in the process of listening to more proposed revisions and recommendations. They hope to have a clearer picture of just where the whole thing will wind up in the next few weeks. Regardless of what the exact details turn out to be, it is clear that the Spokane music scene is not facing a grave situation as initially thought. One way or another, the music will play on.
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