Downtown Dancing is Back on the Table

A 2005 ordinance restricting dancing in Gilroy’s historic downtown is expected to get a new spin on Monday after a special task force recommends a new tiered permitting system to the City Council.

The new ordinance would establish three categories for dance events, paving the way for smaller venues and limiting large-scale dance activities in the downtown area.

“Back in the '90s, things were really bad downtown,” said Gilroy Police Sgt. Kurt Ashley, a member of the task force. “What we’re looking for with this task force is a win-win.”

The recommendations will roll back portions of an ordinance that was put into effect to help curb a party culture that many said had grown out of control in the downtown during the 1990s.

At that time, Ashley said that there were more than 10 bars and clubs within a few blocks downtown. After several high-profile incidents at locations like the former Krazy Koyote highlighted the difficulty of closing a venue, the creation of a dancing ordinance put owners in close contact with police and required permits for dancing as a way of keeping tabs on partying.

Since then, that number has dropped to three major venues.

“It’s never just about the dancing,” he said. “For some reason, you get the alcohol, you get the dancing going, and you get fights.”

But as the tempo of club-related incidents began to slow down, downtown merchants began to question if the wordage of the ordinance was so harsh that it would put them at risk of a citation if a patron decided to dance during something like a small-scale acoustic session.

“I think the pendulum swung back in the other direction, but now it needs to come back a bit,” said Eric Howard, Gilroy Downtown Business Association president.

“As the revitalization of Gilroy s downtown has occurred, it has increasingly been brought to light that the complete restriction of dancing in the Downtown Historic District conflicts with the Downtown Specific Plan vision of creating a downtown that serves as a primary retail and entertainment destination that provides a vibrant assortment of activities that appeal to all age groups,” wrote Community Development Director Kristi Abrams, a member of the task force, in a letter presented to the council.

With regular live music events at her shop, owner Sue Shalit said she began to worry that the odd dancing patron would put her at risk of violating the ordinance.

She began holding meetings of local business owners, attracting members of city government and adding momentum to the creation of a special task force to examine the issue in late 2009.

“It’s a small place—people come, and sometimes they get up and dance,” she said, “We felt like, ‘Why did we need to have these constraints?”

One member of the task force, Mayor Pro Tempore Cat Tucker, said she felt that it was important to promote arts and free speech downtown—as well as throughout the city—whenever possible.

“I believe that police should be able to close a place down when there are problems, but where do you draw the line?” she said.

Development of a new ordinance hinged on the balance of promoting an activity-rich downtown while giving law enforcement a mechanism to address a business that was allowing the partying to get out of hand, she said.

“For people to go out, be entertained and socialize is a good thing,” said Gary Walton, co-owner of the popular and member of the task force.

Under the new ordinance, Lizarran would qualify as medium-sized venue, requiring some permits and close cooperation with the city when events were planned.

There would be no new clubs built, and the handful of clubs that remain in the downtown would be “grandfathered in” but work closely with the city and police to show that they are providing adequate security on their own.

“It really comes down to the operators,” said Walton.

Gilroy Mayor Al Pinheiro said he remembered when regulating activity in the downtown was a high priority, and he appreciated efforts to find a compromise.

“We need to allow entertainment in our downtown. At the same time, we don’t want to do this while stressing our PD and other services,” said Pinheiro.

After review, the council will recommend that staff prepare a final ordinance that will have a final vote before being enacted.

“In the end," Abrams said, "its goal is a vibrant downtown.”