Seattle, Washington, Council Bill Number 115422, Ordinance 121999 Record Series 1801-02, Seattle Municipal Activities http://clerk.ci.seattle.wa.us/~scripts/nph-brs.exe?s1=&s2=alcoholic-beverage- control&s3=&s4=&s5=&Sect4=and&l=20&Sect2=THESON&Sect3=PLURON&Sect5=CBOR 1&Sect6=HITOFF&d=CBOR&p=1&u=%2F%7Epublic%2Fcbor1.htm&r=1&f=G (Accessed on 11/17/09)

Council Bill Number: 115442 Ordinance Number: 121999

AN ORDINANCE directing the Department of Neighborhoods and the Chief of Police to request that the Washington State Liquor Control Board recognize and impose restrictions on sales of alcohol in the Central Core and North Alcohol Impact Areas.

Date introduced/referred: November 14, 2005 Date passed: December 12, 2005 Status: Passed Vote: 8-1 (No: McIver) Date of Mayor's signature: December 15, 2005 (about the signature date)

Committee: Housing, Human Services & Health Sponsor: RASMUSSEN

Index Terms: ALCOHOLIC-BEVERAGE-CONTROL, DOWNTOWN, CENTRAL- WATERFRONT, CAPITOL-HILL, CENTRAL-AREA, INTERNATIONAL-DISTRICT, RAINIER-VALLEY, UNIVERSITY-DISTRICT, CASCADE, MANN, MINOR, FIRST-HILL, QUEEN-ANNE, PIONEER-SQUARE, WALLINGFORD

Text AN ORDINANCE directing the Department of Neighborhoods and the Chief of Police to request that the Washington State Liquor Control Board recognize and impose restrictions on sales of alcohol in the Central Core and North Alcohol Impact Areas.

WHEREAS, Section 314-12-215 of the Washington Administrative Code ("WAC") provides that as a condition precedent to the City requesting that the Washington State Liquor Control Board enact additional restrictions on off-premises alcohol sales within an area of the city adversely affected by chronic public inebriation or illegal activity associated with alcohol sales or consumption, an ordinance must designate such an area as an Alcohol Impact Area; and

WHEREAS, WAC 314-12-215 also provides that efforts to implement voluntary agreements with liquor licensees regarding business practices designed to reduce the effects of chronic public inebriation within an alcohol impact area must be attempted for at least six months before seeking regulatory restrictions from the State Liquor Control Board; and

WHEREAS, Ordinance 121487 created the Central Core Alcohol Impact Area and the North Alcohol Impact Area Impact Area, and directed the Department of Neighborhoods and the Seattle Police Department to report to the Council on the success or failure of voluntary efforts to address chronic public inebriation in those areas; and

WHEREAS, the Department of Neighborhoods and the Seattle Police Department have submitted the report required by Ordinance 121487; and

WHEREAS, if the Washington State Liquor Control Board imposes restrictions as requested in this ordinance, the Council intends that the City evaluate the effects of the restrictions on chronic public inebriation and illegal activity associated with alcohol sales or consumption, ideally in cooperation with the Liquor Control Board; and

WHEREAS, the evaluation of the effects of the restrictions should use the best feasible and affordable scientific methods, should include an analysis of secondary data and a systematic survey of public perceptions of chronic public inebriation and illegal activity associated with alcohol sales or consumption, should compare secondary data and public perceptions before the restrictions are imposed and twelve to eighteen months after they are imposed, and should compare the Central Core and North Alcohol Impact Areas to neighborhoods adjacent to these areas and to the rest of the city, and provide a report from the evaluation to the Housing, Human Services and Health Committee; and

WHEREAS, the Council requests the Department of Neighborhoods and Police Department to present a plan for evaluating the restrictions before the restrictions are imposed; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Findings.

A. In Ordinance 121487, the Council created the Central Core Alcohol Impact Area and the North Alcohol Impact Area and directed that voluntary efforts to reduce the impacts of chronic public inebriation in these areas be attempted and that a report on such efforts be submitted to the Council.

B. Over the past several years the City and community groups have sought to reduce the problems associated with chronic public inebriation in the Central Core Alcohol Impact Area and the North Alcohol Impact Area including seeking voluntary changes in the business practices of liquor licensees in order to reduce alcohol sales to chronic inebriates.

C. After adoption of Ordinance 121487, all off-premises liquor licensees in the areas were notified of the problems of chronic public inebriation in the areas and were requested to agree to certain alcohol product restrictions designed to reduce chronic public inebriation and improve the public health and safety in the areas. The voluntary restrictions requested were the cessation of sales of specific low cost/high alcohol content beer and wine products.

D. Residents, business owners and community organizations in neighborhoods of the City within the Central Core Alcohol Impact Area and the North Alcohol Impact Area, including the International District, Capitol Hill, Judkins Park, Belltown, the University District have continued to appeal to the City for relief from the adverse effects of chronic public inebriation and illegal activity associated with alcohol sales and consumption in the Central Core Alcohol Impact Area and the North Alcohol Impact Area and have requested that the Council enact an ordinance authorizing the City to request the Washington State Liquor Board to impose restrictions on alcohol sales in the area.

E. Chronic public inebriation and illegal activities associated with alcohol sales and consumption within the Central Core Alcohol Impact Area and the North Alcohol Impact Area, as demonstrated by relevant crime statistics, police reports, emergency response data, detox reports, sanitation reports, public health records, and other information contained in Attachment A, continue to contribute to the deterioration of the general quality of life within the area and threaten the welfare, health, peace, and safety of the areas' visitors and occupants.

F. Despite the best efforts by the City and community groups over a period of more than a year since the passage of Ordinance 121487, attempts to obtain voluntary restrictions on off-premises sales of alcohol in the Central Core Alcohol Impact Area and the North Alcohol Impact Area have failed. Because only 30% of the off- premises liquor licensees in these areas participated in these voluntary efforts, the low cost/high alcohol content alcohol products have continued to be available throughout the areas. Thus, the City should request that restrictions on the sales of alcohol by off- premises liquor licensees in these areas should be imposed by the Washington State Liquor Control Board.

Section 2. Request to Washington State Liquor Control Board

The Department of Neighborhoods and the Chief of Police shall request the Washington State Liquor Control Board to recognize the Central Core Alcohol Impact Area and the North Alcohol Impact Area created by Ordinance 121487 and to impose restrictions on the sale of the low cost/high alcohol products as set forth in Attachment B.

Section 3. 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 ______, 20__, and signed by me in open session in authentication of its passage this _____ day of ______, 20__. ______President ______of the City Council

Approved by me this ____ day of ______, 20__. ______Gregory J. Nickels, Mayor

Filed by me this ____ day of ______, 20__. ______City Clerk

Attachment A: Alcohol Impact Areas Update and Next Steps (Power Point) Attachment B: Good Neighbor Agreement with Map

12/12/05 (Ver. 5) ta

Attachment A: Central Core and North AIA Data (PowerPoint File) Attachment A

Attachment B: Good Neighbor Agreement with Map (PDF File) Attachment B (Map)

(Ver. 2a)

Good Neighbor Agreement

City of Seattle, Neighborhood Organization, and Licensee

Licensee: ______, agrees to join in efforts to reduce crime and nuisance activities associated with chronic public inebriation occurring in our community. Therefore, the undersigned business agrees to participate with the City of Seattle, neighborhood and community organizations, and other liquor licensees in the area in a public health and safety initiative to reduce the negative effects of chronic public inebriation and to promote public safety, health, livability and economic vitality in our neighborhoods.

To these ends, the undersigned business agrees to:

1. Eliminate off-premises sales of alcohol products identified in the attached product list.

The City of Seattle and the neighborhood organization named below will take reasonable efforts to convince all businesses within the Alcohol Impact Area, which have an off-premises liquor license, to enter into Good Neighbor Agreements containing the same restrictions on the off-premises sale of alcohol which are included in this agreement.

Name of Business: ______Date:______Owner/Manager Name______Signature: ______Date: ______

Neighborhood Organization ______Name:______Date: ______

Neighborhood Organization ______Name:______Date: ______

City of Seattle Department______Date:______Name: ______Date: ______

Product List 1. Beer and Malt Products Bull Ice Busch Ice Ice Colt 45 Hamm's Ice Brewed Ale Hamm's Ice Brewed Beer Hurricane Ice Malt Liquor Ice King Cobra Malt Liquor Lucky Ice Ale Premium Lucky Ice Beer Magnum Malt Liquor Mickey's Iced Brewed Ale Mickey's Malt Liquor Miller High Life Ice Milwaukee Best Ice Milwaukee Best Premium Ice Beer Natural Ice Old Milwaukee Ice Olde English 800 Olympia Ice Pabst Ice Rainier Ale Red Bull Malt Liquor Schmidt's Ice Special 800 Reserve St. Ide's Liquor and Special Brews

2. Wine Products Cisco Gino's Premium Blend MD 20/20 Night Train Express Richard's Wild Irish Rose Thunderbird