Council Mulls Bill To Tighten Curbs on Bars

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If more than one person is killed within a year at places such as shops, bars, and businesses, the city could move to shut them down as public nuisances under one of the proposals being considered today by the City Council.

If enacted, the legislation would also give officials power to shut down businesses involved with fake IDs as well as those where at least three violent felonies occur in a year.

Today’s Public Safety Committee hearing is the latest step in the effort to tighten regulation of the city’s nightlife industry in the wake of alcohol-fueled violence last year that included the high-profile murders of two young women and the shootings of several people by an irate bouncer.

An assistant police commissioner, Robert Messner, said the legislation would add the most violent felonies to existing laws that allow authorities to seek to close places where crime is rampant.

Mr. Messner, who heads the department’s civil enforcement unit, noted that although the police can now ask a judge to close a site as a nuisance for crimes ranging from prostitution to marijuana smoking to automobile theft, an “anomaly” in the law has long excluded the most violent felonies.

Although supporters in the Bloomberg administration and the council say the bills were spurred by the nightlife violence, language in the actual legislation would apply to any place where illegal activity occurs. Mr. Messner said he isn’t aware of a location where the loophole has hampered the police department’s ability to protect the public, but he said the administration wanted to make sure it had tools to handle future problems.

“It’s better to deal with it now than to deal with it in hindsight,” he said.

As with past legislative attempts to police the city’s nightlife more strictly, proponents of giving the government more enforcement teeth are certain to face stiff opposition from the bar and club industry, which says police are already heavy-handed with their nuisance-enforcement powers.

A lawyer for the New York Nightlife Association, Robert Bookman, said he expects to tell the council that the city should scrutinize how officials are using their existing enforcement teeth before making them sharper.

“The entire nuisance abatement process is out of control,” Mr. Bookman said. “It’s being abused.” To illustrate the abuse allegations, proprietors of clubs that have already been targeted by the city, such as Roxy, Sol, and Crobar, are scheduled to testify.

The city and the industry have long been at odds over how much power the police should have, and today’s hearing won’t be much different.

“They make a lot of money, and they need to take responsibility as is appropriate for all business people,” Mr. Messner said of the nightlife industry.

Mr. Bookman said the industry found unfair a provision of the law that would let enforcers shut down a bar or club because of arrests at the location — even if no one is ultimately convicted of the crimes for which the case is being pursued.

“We think the use of violations rather than convictions is a major problem,” Mr. Bookman said yesterday, adding, “You’ve got to deal with convictions.”

The existing laws that allow the police to ask judges to shut down sites for offenses such as prostitution and drugs also don’t require convictions.

Council Member Peter Vallone’s committee will also consider legislation today that would apply the same nuisance laws to businesses that sell false identity documents, such as driver’s licenses, which can be used to allow people younger than 21 to drink alcohol.

This bill would direct the city to shut down any place found to be in the fake ID business, which supporters say will deter illegal ID makers and reduce the mayhem that critics say ultimately results. “A lot of these places in Times Square sell fake IDs behind a legitimate business such as, say, a video store, so this would allow us to close down the entire business, and that will cause many of these places to stop selling fake IDs,” Mr. Vallone said.

After last year’s violence, the City Council and Mayor Bloomberg began moving aggressively to advocate for measures they say would reduce bar and club violence and shutter nightclubs that chronically disturb the peace. A new law passed last year tightened regulation of bouncers and security personnel.


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