Wilmington, NC

Report and Recommendation
Report and Recommendations
of the
Nightlife Taskforce
to
Wilmington Downtown Inc.
Executive Committee
June 18, 2009
Mission:
With an eye to the opening of the Convention Center in 18 months, and a realization that
Downtown Nightlife has fallen to a tone and conduct not conducive to drawing the visitors needed for a
successful urban commercial center, WDI formed the Nightlife Taskforce to:
•
Identify problems and issues regarding late night entertainment,
•
Formulate recommendations,
•
Propose a plan of action for the future.
Process:
The Nightlife Taskforce was formed from an eclectic group of downtown stakeholders (See
Participant List, Attachment A). The Taskforce worked through open discussion of problems, issues ,
and solutions. The discussions were often research based. The Taskforce reviewed publicly available
materials detailing how cities around the country had addressed similar problems. (See Research List,
Attachment B). Further, as issues were defined, the scope of the participants grew to add new expertise
and experience to address the emerging issues.
Issues Identified:
The Taskforce identified four categories of issues to address:
•
Security
•
Late night transportation out of the CBD creates conflict among customers.
•
Exterior lighting and safety at closing was needed to improve safety
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Report and Recommendation
•
•
Capacity
•
The Taskforce surveyed the existing mixed drink license holders in the CBD and
their legal capacity (See Taskforce Capacity Figures, Attachment C) . The total
68 establishments have a capacity of over 11,000 occupants.
•
The Police Chief's report to the City Council of September 23, 2008, and
Taskforce review of continuing incidents at closing time demonstrate that the
capacity in the CBD is nearly beyond the ability of the City to manage.
•
Taskforce discussions firmly concluded that over-capacity was the primary
enemy of an improved nightlife experience.
Tone
•
•
After 10 p.m., the tone of CBD nightlife becomes tense and combative.
Restriction on Regulation
•
Any solution to CBD nightlife issues is restricted by state ABC regulations. The
preemption of alcohol license regulation at the state level restricts City ability to
address the CBD issues. Nevertheless, the City can do more to assert itself in
recommendations to the ABC.
Recommendations:
1. The City Revise its Process for ABC License Recommendations
Pursuant to N.C. G.S. 18B-901(b), cities may make recommendations on ABC permit
applicants. The current ABC form provides two check boxes of either “Yes” or “No” to questions of
approval of the applicant and the location of the permit. (This process is referred to by the form number
– the “001” review) The 001 requires reasons “based on fact, record, law or reputation” if the City
recommends against either the person or the location. Further, the 001 calls for the City to comment
on suitability of the applicant and location regarding eight factors to be weighed by the ABC. Those
are (bold added):
(1)
The reputation, character, and criminal record of the applicant.
(2)
The number of places already holding ABC permits within the neighborhood.
(3)
Parking facilities and traffic conditions in the neighborhood.
(4)
Kinds of businesses already in the neighborhood.
(5)
Whether the establishment is located within 50 feet of a church, public school, or any
nonpublic school as defined by Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes.
(6)
Zoning laws.
(7)
The recommendations of the local governing body.
(8)
Any other evidence that would tend to show whether the applicant would comply
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Report and Recommendation
with the ABC laws.
(9)
Whether the operation of the applicant's business at that location would be
detrimental to the neighborhood, including evidence admissible under G.S. 150B-29(a) of any of the following:
a.
Past revocations, suspensions, and violations of ABC laws by prior permittees
related to or associated with the applicant, or a business with which the applicant is associated, within the
immediate preceding 12-month period at this location.
b.
Evidence of illegal drug activity on or about the licensed premises.
c.
Evidence of fighting, disorderly conduct, and other dangerous activities on or
about the licensed premises. N.C. G.S. 18B-901(c)
The Taskforce recommends that the City assert the full authority granted under N.C. G.S. 18B901(b) and (c) by creating standards of capacity and conduct suitable, and therefore not detrimental, to
the the CBD community. By establishing conduct and capacity standards, and applying them
uniformly to new and existing establishments, the Taskforce believes that capacity and conduct issues
in the CBD will be relieved. The Taskforce recommends the City adopt the following process:
To effectively address capacity limits, the City 001 review should occur in two stages:
•
A preliminary, non-binding, review of applicant and proposed location prior to any
building permit application. This early, non-binding, review will ensure that no
applicant commits to a lease and engages in expensive alteration of lease premises in a
location that may be disapproved of by the City due to capacity limits. Further, at this
stage, the applicant will be required to confirm their commitment to the City's “Best
Practices” guidelines demonstrating the applicant's commitment to standards that are not
“detrimental to the neighborhood.”
•
A Final 001 review, as done now at the conclusion of physical alterations to the
premises.
This procedure provides fair standards of conduct and capacity for City recommendation under
under N.C. G.S. 18B-901(c) (2, 3, 7, 8, and 9). Further, making an initial review prior to physical
alterations, precludes an applicant from claiming that the City or ABC is estopped from denying a
permit due the hardship effected after expensive improvements are in place.
2.
The City adopt “Best Practices” as CBD standards.
The Taskforce, lead by ABOARD (The Association of Bar Owners and Restaurants Downtown)
has developed a set of “Best Practices” for Nightlife entertainment venues (See “Best Practices for
Nightlife Establishments, Wilmington, Central Business District”, Attachment D). The “Best
Practices” concept has been employed in many cities that have faced problems similar to those in the
CBD. The proposed Best Practices are locally prepared but are informed by the experience in other
cities. The practices make a firm statement that entertainment in downtown Wilmington will be safe
and clean. The Practices set aspirational and concrete standards for entertainment establishments.
Those that are concrete are recommended below to be adopted into the City code.
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Report and Recommendation
3.
The City Establish a Nighttime Taxi Stand in the CBD
With leadership from the New Hanover County Taxi Owners Association (NHCTOA), the
Taskforce recommends the City adopt the attached proposal (Taxi Stand Proposal, Attachment E) on a
60 day trial basis to be jointly administered by the WPD and NHCTOA with full authority to
implement and adjust the recommendations in their joint discretion. At the conclusion of the trial, the
WPD and NHCTOA will make a final recommendation on a permanent Taxi Stand.
4.
The City Adopt a Capacity Limit in the CBD
“Capacity is the enemy” was a firm conclusion of the Taskforce. The existing capacity of over
11,000 is approaching unmanageable conditions in the CBD with current conduct of the occupants and
the limited resources of the WPD. The Taskforce concludes that the existing capacity of 11,000
occupants should be set as a maximum for the CBD. This limit will work in hand with the Taskforce
recommendation on the 001 process by establishing a fact based standard. As conditions change, the
capacity limit may be adjusted in the future, but today, the City should not approve any increase in
nightlife capacity in the CBD.
5.
The City Make Code Additions for Safety
“Best Practices” for Lighting and Cameras (Attachment D, para. 11 and 12) urge operators to
employ exterior lighting and security cameras, particularly at closing time, to increase safety and
security in the vicinity of establishments. The Taskforce recommends that these exterior safety features
be adopted into the City code as specific requirements for nightlife operations in the CBD.
Conclusion
Experience from other cities demonstrates that adoption of community standards of operation
raises standards and assists Cities in separating good from bad operators. Wilmington faces a special
hurdle because it has no direct control over liquor permits, only the ability to recommend. By setting
standards and then asserting those standards within the existing legal framework, Wilmington may be
able to improve its nightlife. We may face roadblocks from the ABC. A fact based, standards driven
approach by the City, however, will put us in the best position to seek changes in the law if those
roadblock do appear.
The Taskforce asks for WDI Executive Committee approval to advance these recommendations
to the City Council for adoption. Our Taskforce is prepared to lead a focused advocacy campaign.
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Report and Recommendation
Attachment A
Nightlife Taskforce Participants, Advisors, Correspondents
Ian Mosley
Dan Boyle
Ray Worrell
Lt. Ed Pigford
John Sutton
Christina McCoy
Carl Marshburn
Chris Cardamone
Madonna McMahon
Tony Caudle
Frank Blackley
Tom Cunningham
Kim Hufham
Ian Mosely
Tony Caudle
Rick Porter
Chris Garmon
Camille Yorkey
Hollis Briggs
Leon Chisholm
Ted Carlton
Bud Dealey
Andrew Cooke
Bill Gilligan
David Wood
Michael Ward
Bill Rhodes
Randy Shackleford
Dave Conklin
Gene Merrit
John Hinnant
Donn Ansell
Heda Waldrup
Doug Waldrep
Mikhail Sobel
Ian Tedder
Jim Petrini
Katie Lucas
Kaye Graybeal
Leith Hellens
Lynn Coleman
Madonna McMahon
Mark Pacheco
Michael Ward
Ron Satterfield
Ronnie Parker
Steve Harrell
Ted Carlton
Tom Cunningham
Tom Harris
Bob Glass
Dep. Ch Dave Conklin
The Taskforce acknowledges all of the above who have contributed to
this report, advised us as we progressed, or were copied on our
numerous mailings and reports.
Kevin O'Grady
Chair, Nightlife Taskforce
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Report and Recommendation
Attachment B
Research List
Numerous newspaper accounts of hospitality issues were accessed through the web.
Melbourne, Australia : http://www.news.com.au/heraldsun/story/0,21985,24440797-661,00.html
Lafayette, Louisiana: http://www.emailthis.clickability.com/et/emailThis?
clickMap=viewThis&etMailToID=1367853546
Albany, NY :
http://capitalnews9.com//Default.aspx?ArID=114468
“As Seattle weighs regulating nightclubs, cities elsewhere have used ordinances, permits,
staggered closing times and other approaches to control the nightlife”., Seattle Times, Found at:
http://seattletimes.nwsource.com/html/localnews/2003824896_nightlife07m.html
“Police: Drunk, Disorderly Behavior Problem in Topeka Nightlife Area”, WIBW.com, Topeka,
KS found at: http://www.wibw.com/localnews/headlines/39674327.html
“A new strategy to attack a decades-old nightlife problem in Providence”, Providence Journal,
found at http://www.projo.com/news/content/Providence_Nightlife_Association_03-0809_CID_v95.2136fe5.html
New York City Police Department, Best Practices for Nightlife Establishments, October 2007, found at
http://www.nyc.gov/html/nypd/downloads/pdf/crime_prevention/Best_Practices_For_Nightlife_Establi
shments.pdf
“Formulating Best Practicies for Nightlife Establishments”, Raymond W. Kelly, Police Commissioner
of the City of New York, The Police Chief, February 2009,
Hospitality Resources found at http://rhiresource.org/about/news.html
BOULDER POLICE DEPARTMENT MEMORANDUM , November 7, 2005 RE: Burlington
Conference on responsible hospitality.
Kansas City Missouri, Police KC/MO, Guide to Nightlife Establishments “Best Practices”
Shreveport, Louisiana, 56 POINT BEST PRACTICES PLAN
City of Seattle, NIGHTLIFE ESTABLISHMENT HANDBOOK, 2008, Updated May 22, 2008, found
at: http://www.seattle.gov/music/nightlife/section1.htm
SAN FRANCISCO ENTERTAINMENT COMMISSION, SEC. 90.1. et.seq.
San Jose, California, DOWNTOWN HOSPITALITY ZONE ASSESSMENT REPORT, April 15, 2008.
Page 6
Report and Recommendation
Taskforce Capacity Figures
CBD Mixed Beverage Licenses
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Mixed Beverages Private Club
Trade Name
007 Wilmington
16 Taps
Barbary Coast
Bluepost Billiards
Cellar
Charley Brownz
City Limits Saloon
Costellos
Duck and Dive
East Coast Opera House
Elixir
Firebelly Lounge
French Quarters
Goat and Compass
Goodfellas Nitelife
Ibiza
Level 5 at the City Stage
Liquid Room
Longstreets Irish Pub
Lulas
Marrz Nightclub
Mugsys Pub
Odessa
Olive or Twist
Port City Pub
Pravda
Rhino Club
Rize Niteclub
Rox
Rum Runners Dueling Piano Bar and Grill
Side Bar
Slainte
Soapbox
Tavern on 2nd
Whiskey
04/22/09
Address
122 Princess Street
127 Princess Street
116 South Front Street Unit B
15 South Water Street
23 North Front Street
21 South Front Street
28 South Front Street
211 Princess Street
114 Dock Street
119 Grace Street
107 South Front Street
265 North Front Street
255 North Front Street (Basement)
710 North 4th Street
1 South Front Street Suite 301
118 Market Street
21 North Front Street (5th floor)
23 Market Street
135 North Front Street
138 South Front Street
15 South Front Street
202 Princess Street
23-B North Front Street (4th Floor)
21 North Front Street
121 Grace Street
23 North Front Street Suite A
125 Market Street 1st Floor
34 North Front Street
208 Market Street
21 North Front Street Unit B
18 South Front Street
7 North Front Street
255 North Front Street
106 North 2nd Street
1 South Front Street Unit B
COUNT 35
Capacity*
99
99
70
199
125
199
550
40
49
170
100
99
49
232
275
280
245
55
49
640
49
180
236
150
140
180
190
542
325
160
49
350
49
80
6304
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Report and Recommendation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Mixed Beverages Restaurant
Aubrianas Fine Dining
Basics
Black Sea Grill
Bobby G's
Caffe Phoenix
Caprice Bistro
Caribbay Soul
Charin of Thailand
Circa 1922
City Club at De Rosset
Copper Penny
Deluxe
Dixie Grill
Dock Street Oyster Bar
Elijahs Restaurant
Fat Tonys Italian Pub
Front Street Brewery
George on the Riverwalk
Hells Kitchen
Le Catalan
Little Dipper
Paddys Hollow
Pilot House Restaurant
Reel Cafe
Riverboat Landing
Roudabush
Ruths Chris Steakhouse
Slice of Life
Southpaw
TreBenzios
Underground
Water Street Market
Wormwoods Bar and Grill
115 South Front Street
319 Front Street
116 South Front Street Unit 1-A
1 South Front Street Unit A First Floor
9 South Front Street
10 Market Street
35 North Front Street
128 South Front Street
8 North Front Street
23 South 2nd Street
109 Chestnut Street
114 Market Street
116 Market Street
12 Dock Street
2 Ann Street (B)
131 North Front Street
9 North Front Street
128 South Water Street
118-A Princess Street
224 South Water Street Suites 1F-1G
138 South Front Street-Street Level
Cotton Exchange
2 Ann Street (A)
100 South Front Street
2 Market Street
33 South Front Street
301 North Water Street
122 Market Street
123 Princess Street
141 North Front Street
103 Market Street
5 South Water Street
108 Walnut Street
Count 33
150
100
49
50
180
99
100
170
281
120
110
90
200
130
245
112
150
49
170
150
486
310
250
391
366
40
129
49
125
49
4900
Total Capacity
11204
*Capacity Figures provided by WFD
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Report and Recommendation
Best Practices for Nightlife Establishments
Wilmington, Central Business District
May 2009
Statement of Purpose
Within 18 months, the face of Wilmington Downtown Nightlife will change with the
opening of the Wilmington Convention Center. Accordingly, the operators of nightlife
establishments, residents, business leaders, Wilmington Police and Fire Department Officers
have voluntarily met throughout the spring of 2009 to discuss the tone and ambiance of
Wilmington Nightlife, to define its problems and propose solutions. These Best Practices are
part of the solution.
The ABOARD organization in conjunction with the Nightlife Task Force of Wilmington
Downtown Inc., has developed this list of "BEST PRACTICES" for nightlife entertainment
establishments within the CBD. These are intended to make downtown Wilmington "SAFE &
CLEAN" for all patrons to enjoy. Further, we believe these trade practices will enhance the
success of the hospitality industry in Wilmington and assist those individuals with a long term
business plan of success in the downtown hospitality industry.
Daniel Boyle
Secretary
ABOARD
Association of Bar Owners And Restaurants Downtown
Kevin O'Grady
Chair, Nightlife Task Force
Wilmington Downtown Inc.
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Report and Recommendation
Contents
A. Set the Tone
1) Hospitality
2) Compliance
3) Age Requirements
4) Standard of Hours in Business
5) Cleanliness
6) Maintenance
7) Professionalism
B. Safe and Secure Experience
8) Capacity
9) Security
10) Uniform
11) Lighting
12) Cameras
13) Community Covenant
C. Part of a Community
14) Tenure or Experience
15) Member of an Association
16) Neighborly
17) Resident of New Hanover County
Conclusion
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Report and Recommendation
Best Practices
A. Set the Tone
1) HOSPITALITY This is the “HOSPITALITY" industry and the definition simply states:
kindness to visitors, friendly, welcoming, and generous treatment offered to guests or
strangers. To work in this industry you must recognize the most important way to run a
successful business is being friendly & outgoing. You will not last long in the CBD if you are
neither. Customer service and care are key to a hospitable atmosphere.
2) COMPLIANCE Noise, Capacity, ABC laws, are rules for an effective business. If you are
a rule breaker then the end result will most likely be your business going out of business.
Respect the laws of our city/state and consult with the proper authorities before you assume
that what you are doing is legal. Compliance is key, one bad apple can bring everyone down
due to unneeded attention and bad press.
3) AGE REQUIREMENTS The ABC guide book on Private Club or Restaurant describes
the laws about serving under age or patrons with "fake id's". ABC license holders must
understand that inviting underage clientèle will most likely result in large fines or suspension
of the license. The ABOARD group believes that non-professional 18-and-up clubs result in
many of the downtown problems. Although 18-and-up clubs are within the guide lines of the
ABC commission, the result of that type of operation may lead to long term problems.
Operating as a strict 21-and-up Private Club will allow you to grow a customer base of
professionals and relieve your business of the stress of possibly serving under-age customers
on a daily basis. ALE would prefer that all private clubs and bars restrict anyone under 21
years of age from entering these establishments. This relieves the establishment and ALE of
the burden of "fishing" for underage consumption. We recommend this as a Best Practice for
the CBD.
4) STANDARD OF HOURS IN BUSINESS The ABC guide book requires any open prepared
liquor and or beer/wine drinks must be removed from the front of the house by no later than
2:30 a.m. and that last call shall be no later than 2:00 a.m. - this is the standard for
Wilmington's downtown. Establishments that permit "partying and not serving beer/wine/or
liquor" after the 2:30 a.m. hour are not compatible with downtown Wilmington. This practice
results in noise violations, fights in or around your establishment, illegal drugs, patrons
sneaking in liquor/beer/wine, theft, property damage, personal injury, lawsuits, ALE
undercover investigations, and constant police interaction. If you are planning on serving late
night food in a restaurant atmosphere after the 2:30 time and your business plan is both
restaurant & club then be sure to illuminate your business at 2:30 a.m. and turn down the
music. This will result in quiet enjoyment for your late night customers and neighbors. Extra
security should remain in and outside these establishments to ensure customer and public
safety.
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Report and Recommendation
5)
CLEANLINESS The ABOARD group began because of the constant problems with
"cleanliness" around and in Private Club & Restaurant establishments. Keep downtown
Wilmington "SAFE & CLEAN" for all of our patrons to enjoy and your business will be
successful. Also remember that our CBD borders the Cape Fear River – all liquids disposed
of on the ground drain directly into the Cape Fear. Always use the sanitary sewer system to
dispose of liquids.
6)
MAINTENANCE If it is broke then work quickly to fix it! Leaving broken windows,
bathrooms, doors, railings, holes in walls, etc. will lead to a crowd of potential trouble makers.
No matter how often your establishment is abused, work quickly to fix that problem. Set the
tone that the people that like to destroy your personal property are not welcome. Eventually
they will move on to another establishment or get caught in the act. This will ensure a safe
environment and can save an establishment from lawsuits stemming from injury.
7)
PROFESSIONALISM Meticulous adherence to undeviating courtesy, honesty, and
responsibility in one's dealings with customers and associates, plus a level of excellence that
goes over and above the commercial considerations and legal requirements. Professionalism
is not about your job title or self-proclaimed worth. It is not about self-perception at all.
Professionalism is about personal ethics, quality work and a quality attitude. Know this and
you will become a success in the CBD of Wilmington.
B. Safe and Secure Experience
8)
CAPACITY LIMITS All establishments within the CBD must conform to the strict
capacity limits of the Fire Code. The Fire Code, however, does not consider the total capacity
of ABC permit holders in the CBD. Capacity of an additional private club/bar within the CBD
should be limited to the existing capacity. The current ABC permit capacity of over 11,000 is
excessive for the CBD and should be, therefore, the CBD neighborhood capacity guideline for
future City permit recommendations under NC GS § 18B-901 (b). Additionally, a 300 person
occupancy for any future Private Club/Bar is enough to adequately run a profitable business
in a safe and secure manner. Lower capacities in the hospitality industry help with the cost of
doing business. Further, a smaller venue often looks busier with less of a crowd.
9)
SECURITY The standard for controlling a crowd is a minimum of one door/security
personnel per 50 customers. For any special, large event, the venue should employ a
minimum of one door/security & 1 floor security per 50 people.
10)
UNIFORM Staff members should be easily recognizable with "staff" shirts or other
established logos. Utilize simple uniforms such as "SECURITY", "MANAGER", or a standard
uniform that identifies your business. When customers or authority figures need to talk with
an employee of your establishment in a busy crowd of people this will help identify those
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Report and Recommendation
individuals. Uniforms also displays professionalism within the hospitality industry.
11)
LIGHTING This simple item is a tool which allows you to not only brighten the inside
of your establishment at closing time or cleaning time but improves security on the outside of
your establishment after 2:00 a.m. Bright external lighting will improve your customers safety
as they exit the business at closing, and deters unruly individuals from fighting, committing
crimes, and being loud and obnoxious. It will be helpful for the authorities to identify a
potential problem around your facility. Further lighting keeps you aware of trash that must be
cleaned up before the next days business.
We recommend that the City establish a lighting standard as part of the building code for
Nightlife Establishments.
12)
CAMERAS - Although you may have posted positive suggestions & rules of your
establishment for your customers unfortunately there are people in this world that do not like
to follow the rules. Professionally installed camera systems that properly will help limit the
amount of problems that will occur in your establishment. Local police can often help you with
a problem that occurred or is occurring at your establishment if you have video to show them.
Cameras also are effective ways of keeping an eye on your employees so that they stay
within the rules of the industry. Investing in a little extra security can save you from a lawsuit
or repeated vandalism and is a great preventive measure. Anyone looking to cause trouble
will think twice if they know they are being recorded. We suggest posting signs informing
patrons that these establishments are under surveillance.
We recommend that the City establish a surveillance camera standard as part of the building
code for Nightlife Establishments. Cameras must monitor entrances, exits, adjoining alleys,
and any other sensitive or problem areas. Recording systems must have at least one weeks
footage before they over-write, and any footage that exists must be immediately given over to
law enforcement if requested for incident investigation.
13) CONFLICT MANAGEMENT - Institute an “Ask. Tell. Make.” Policy, (Ask them to
correct the behavior; Tell them to correct the behavior; Make them comply) and be sure it is
enforced consistently. If patrons refuse to comply or become combative, staff should
immediately call for WPD. Calls for WPD assistance made in good faith and for the protection
of patrons and neighbors alike, will not be counted against the establishment. Likewise, if you
fail to call WPD to report a public safety incident you may be liable for that failure.
14) COMMUNITY COVENANT - Simple written displays at the entrance or exit of your
establishment that asks your customers to keep quiet while exiting are effective tools to
control potential violence or disturbance to neighbors and other patrons that are enjoying the
downtown nightlife scene. Policies of your establishment that are clearly posted within your
establishment also will help when dealing with troublesome individuals. These suggestions
should also reflect "zero tolerance" verbiage.
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Report and Recommendation
At a minimum, all CBD Nightlife Venues should prominently post the Community Covenant
attached as Exhibit “A”.
C) Part of a Community
15) TENURE OR EXPERIENCE - The hospitality industry seems to always come victim to
people who have a lot of money and don’t know what to do with it. This small percentage of
people for some reason or another wants to open a bar/nightclub or a restaurant because
they think it will be cool to own one of those establishments. Just because you like to party
and love to cook does not mean you have a clue about how to run a restaurant/bar . Enjoy the
hard earned money that you have earned elsewhere and leave opening a bar/restaurant to
the professionals. If you are unwilling to do so then please spend a minimum of 5 years
working in all aspects of the restaurant/bar industry before opening your own. Most people
who do not know a thing about the hospitality industry result in the "9 out of 10" that close
within the first year of business. Real world experience and training is key to a successful
and profitable endeavor. Just because you have enough money to open a business does not
mean you are in touch with all the nuts and bolts of sustaining a safe and clean environment.
16)
MEMBER OF AN ASSOCIATION In order for your establishment to be recognized by
your community, you must become active in your community. It is our belief that being a
member of one of the downtown Associations (ABOARD, DBA, WDI) will result in better
business traits and will allow your business to connect with fellow entrepreneurs‘. This will
also ensure that if or when a problem or concern arises in the community that there is a direct
line of communication with the establishment through such an association.
17)
NEIGHBORLY You are not out for yourself when you open or operate a Private Club
or Restaurant license within the CBD. We all work together to build the customer base of
downtown Wilmington. Success will be determined by how you treat your fellow business
owners and the residents that live in our beautiful downtown. An un-neighborly or hostile
establishment breeds discontent among your fellow neighbors.
18)
RESIDENT OF NEW HANOVER COUNTY - The county in which you reside should be
the county that you work in. This is the same for the restaurant/bar industry. Knowing the
people within your community helps you recognize the necessities of those potential patrons.
If you live in Florida and wish to open a bar/nightclub in downtown Wilmington realize your
dream of making a fortune will most likely lead to a money pit. It is imperative to work hard
daily at your bar/nightclub in order to be successful so living in another county or state will
limit the amount of time you can put into your establishment. The restaurant/bar industry is
not just an investment, it is a way of life. This is a hands on business that is always evolving.
Having a distant relative or friend running your business while you are miles away will surely
lead to failure and will leave a negative impact in your establishment's immediate
demographic.
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Report and Recommendation
Conclusion
We adopt these Best Practices for a Downtown nightlife that is clean and safe for
patrons and profitable for venues.
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Report and Recommendation
Appendix A
Community Covenant
City of Wilmington Nightlife Venues
As a responsible Host, we agree to:
As a responsible Guest, we ask you to:
Provide a clean, safe environment;
Prevent overcrowding;
Require promoters to conduct events responsibly;
Maintain adequate, well-trained staff;
Provide a selection of alcohol-free alternative beverages;
Offer food whenever possible;
Maintain a safe well-lit outdoor environment free of litter, trash,
and graffiti;
Minimize noise disturbance to neighbors, whether businesses
or residents;
Assure proper identification is presented by anyone who
orders beer, wine or spirits, and appears younger than 30;
Strive to prevent sales, service, or passing alcoholic
beverages to anyone under 21;
Intervene with anyone who appears to be intoxicated, or
whose behavior is disruptive;
Provide safe alternative transportation for someone who is a
safety risk; and,
Avoid advertising that promotes high-risk, underage, or
irresponsible drinking.
Help provide a safe and enjoyable environment to meet and socialize;
Respect the importance of checking identification;
Respect our need to prevent overcrowding and disturbances;
Not pass alcohol to underage guests;
Assist in maintaining a clean, safe environment;
Respect our property, staff and other guests
Drink responsibly, if you drink, and enjoy food;
Know your limit, and when you approach it switch to a nonalcoholic
beverage;
Check with our staff to arrange transportation if it is
unsafe for you or a friend to drive;
Keep conversations low when you leave our
establishment;
Respect our neighbors, whether businesses or residents;
Always wear your seat belt;
If you choose to drink, use a designated driver;
Be a safe pedestrian, remember, an intoxicated guest may not
be any safer on the sidewalk, street, or in a parking lot than
behind the wheel of a car.
By Entering, you acknowledge this Covenant for a Safe and Enjoyable Nightlife
Page 16
Report and Recommendation
See Taxi Stand Proposal
in separate document
Page 17
!!! DISCUSSION DRAFT VERSION 3 !!!
City of Wilmington Central Business District
Policies and Practices
For recommendations and objections to ABC
Permit Applications under under NCGS §18B901(b),
For recommendations and objections to ABC
Permit Renewals under NCGS§18B-904(e),
and
For City Refusal to Issue a License under
NCGS§105-113.71.
August __, 2010
!!! DISCUSSION DRAFT VERSION 3 !!!
Introduction
Nightlife entertainment presents both a blessing and a curse to the CBD. It benefits our
downtown with a lively, popular nightlife that can enrich the lives of our residents and guests.
However, it also is a source of crime and has damaged the reputation of downtown in the minds of our
residents.
The dichotomy is not a recent revelation. For years citizen committees have reported the need
to make changes in the CBD to better control nightlife as a safe and clean experience for both the night
revelers as well as the residents of the CBD and its surrounding neighborhoods. Moreover, the
domination of nightlife venues in the CBD is seen as contributing to the decline of retail stores.
Our problems are not unique. Density of alcohol outlets is connected to alcohol related harms
including drunk driving, loitering, public disturbances and vandalism. (See e.g. Campbell AC, Hahn
RA, Elder RA, et al. The effectiveness of limiting alcohol outlet density as a means of reducing
excessive alcohol consumption and alcohol-related harms. Am J Prev Med 2009;37(6):556–69.) Cities
large and small throughout the world have dealt with, or are dealing with, the same density related
problems we experience in our CBD.
The steps taken in other cities were studied by a broad-based task force of citizens in 2009 as
part of the Wilmington Downtown Inc. Nightlife Task Force. The policies established herein are
founded in the experiences of those cities; modified to meet the legal structure of alcohol regulation in
North Carolina. Further, these policies have been informed by formal and informal input by outlet
operators, landlords, retail business operators, industry consultants, and residents.
At the State level, although there has been no loosening of centralized regulation from Raleigh,
a change in administration within the Alcohol Beverage Commission (ABC) has lead to a new
cooperative spirit between Raleigh and municipalities that enables the reforms set forth in this policy.
Special recognition goes to Chairman Jonathan Williams for his insights and viewpoints on the issues
addressed.
This policy addresses the full range of areas of City influence and participation in the ABC
permitting process.
First, it sets forth a recommended procedure to seek the City's recommendation on an initial
ABC permit application. The procedure is designed to avoid a surprise disapproval after an applicant
has expended time and money on outlet improvements. An applicant may choose not to use this
method, but does so at her own risk of later disappointment.
Second, it defines the City policy on outlet density and location suitability within the CBD.
These are parameters sought out by the ABC that have never before been defined on the local or state
level.
Third, it sets forth Best Practices for landlords to follow to protect their investments in the
outlets they lease.
Fourth, it sets City policy on the renewal of existing licenses and asserts City intention to
employ its full authority under North Carolina statutes.
The goal of this policy is to preserve those parts of our downtown nightlife that benefit the City
and its residents while addressing those issues contributing to its tarnished reputation.
!!! DISCUSSION DRAFT VERSION 3 !!!
Policy and Procedure for City recommendations and objections to All City Permit
Applications under NCGS §18B-901(b).
Voluntary Form 001 Preliminary Review Procedure
NCGS §18B-901(b) and ABC Commission Form 001 invite the City to approve or disapprove
of ABC license applicants and locations. The City is invited to object based on “fact, record, law or
reputation.” The objection may lead to a license denial by the ABC Commission. Potential licensees
are at risk, therefore, of committing to substantial lease obligations and capital improvements only to
be denied a license based on an unfavorable City opinion. To avoid this detrimental circumstance, the
City initiates the following voluntary internal procedure for ABC Form 001 preliminary review.
1. The City Manager shall appoint, in his discretion, City staff, including Police and Fire
Department personnel, and other persons to serve as City Form 001 review staffCommittee.
2. Applicants are strongly advised to seek Form 001 preliminary review prior to committing to a
lease or initiating any capital improvements. If applicants proceed with financial commitments
prior to Form 001 approval, the applicant proceeds at his own risk of an unfavorable City
recommendation.
3. Applicants shall submit the following information for preliminary review:
1. Applicant name, corporate or LLC name (if any), trade name, former trade name (if
any), date of birth, NC Driver License Number, Social Security Number,
2. Location identification by address including suite if any,
3. A copy of the proposed lease,
4. Landlord identifying information,
5. Occupancy limit estimate of the proposed location,
6. Types of ABC licenses sought,
7. Such other and further information deemed necessary by the review staff in their
discretion.
4. The review staffCommittee may, at their discretion, require a personal interview of the applicant
and/or landlord.
5. The review staffCommittee shall review the applicant's submission against the nine factors of
NCGS§18B-901(c) in light of the City policies on permit density and suitability below.
6. The review staffCommittee shall inform the applicant and landlord in writing of its preliminary
opinion of applicant and location suitability. If the opinion objects to either the location or
applicant, the applicant will be notified of the facts, record, law or reputation causing the
negative opinion.
7. Upon applicant submission of ABC Form 001 and Form 002, in the absence of any substantial
change in facts or circumstances, the review staffCommittee will review the Form 002 for
compliance with all code approvals, and, if compliant, will make recommendations in
accordance with the preliminary review.
Any applicant who elected not to seek preliminary review shall be reviewed under the same
standards set forth above upon submission of ABC Form 001 and Form 002. Preliminary Review
shall be available for all ABC license applicants in the City.
!!! DISCUSSION DRAFT VERSION 3 !!!
Policy Defining Density and other Conditions of Suitability to the Central Business
District for ABC Permit Applications under NCGS §18B-901(b) and (c).
Under NCGS §18B-901(b) and (c), the ABC Commission seeks City recommendations on issues
regarding suitability. Specifically, the ABC seeks opinions on outlet density, and the suitability or
detriment to a neighborhood from the location of a licensee's business. ABC regulations do not specify
any standards for these uniquely local issues.
In order to provide the ABC with consistent, fact-based recommendations on density and suitability, the
City sets forth the standards that will guide the City review staff on ABC permit applications.
Density
It is the duty of the City to ensure that ABC outlet density within the neighborhood of the CBD does
not exceed the capacity of public facilities including, but not limited to, parking, traffic, police, fire,
and sanitation services. The Police Chief, local news outlets and the Nightlife Task force have reported
the excessive capacity of late night (12 am to 3 am) ABC Private Clubs as defined under NCGS§18B1005(5) (“Clubs”). The density of Clubs, the number of large capacity Clubs and the total late night
capacity have stretched the adequacy of public facilities.
Accordingly, the City sets the following density standards for new location ABC Clubs within the
CBD.
•
•
High Capacity Clubs – (Clubs with a projected maximum occupancy greater than 100) Shall not
be recommended for ABC license approval if any part of any existing ABC licensee* is within a
330 foot radius measured from the property line or lines of the proposed location intersecting
the public rights-of-way.
Standard Capacity Clubs – (Clubs with a projected maximum occupancy less than or equal to
100) shall not be recommended for ABC license approval if any part of existing ABC licensees*
with a cumulative maximum occupancy of 300 are within 330 feet measured from the property
line or lines of the proposed location intersecting the public rights-of-way.
The City recognizes that existing ABC license locations (Those licensed as of July 1, 2010) have some
expectation of location suitability upon transfer of outlet ownership. Accordingly, the above density
restrictions will not apply to existing locations provided existing locations are re-licensed within one
year of the prior licensee termination. Compliance with suitability standards set forth below will be
required of new licensees to ensure that existing locations continue to be suitable to the neighborhood.
Suitability
Suitability in a mixed use neighborhood like the CBD requires operational compatibility with
other ABC outlets, retail businesses, and residents. The City has an established noise ordinance and
zoning code and the Wilmington Fire Department has set maximum occupancy limits for outlets.
* Excluding licenses issued under GS 18B-1001(8); 1001(9); 905; 1002; and 1100.
!!! DISCUSSION DRAFT VERSION 3 !!!
Wilmington Downtown Inc. has supplied the City with a Task Force report created by a broad-based
group of CBD stakeholders. That report provides the City with recommended “Best Practices”
(attached as Exhibit A) for ABC outlet operations in the CBD. The WDI proposed Best Practices were
inspired by efforts in other cities that faced problems comparable to our CBD. The City Council
accepts the advice of these stakeholders and adopts these as the Best Practices for ABC outlet
operation in the CBD.
The City Noise ordinance, zoning code, building capacity occupancy limits and the Best
Practices, together with the body of State ABC laws, inform operators clearly of the standards for
clean and safe operation of ABC outlets in the CBD.
Accordingly, to be rated “suitable” to operate in the CBD, all ABC applicants and existing
operators must demonstrate no pattern of non-compliance with:
1.
2.
3.
4.
5.
6.
City Noise Ordinance,
City Zoning Code,
Fire Department occupancy Limits,
All other statutes and laws,
State ABC Laws, and
Wilmington's CBD “Best Practices.”
Application review staff will inform applicants of these standards. To receive a positive City
recommendation on Form 001, applicants shall confirm their agreement to comply.
Landlord Best Practice
The landlords of ABC outlets have an interest in tenant compliance with City density and
suitability standards. The City anticipates that landlords will use all means available to them to ensure
tenant adherence to City standards. Based on landlord input, the City adopts these “Best Practices” for
landlords to gain and retain City evaluation of suitability. Landlord compliance with these practices
will be considered in staff evaluation of site suitability:
1. Incorporate compliance with City suitability standards as material terms of your lease.
2. Require tenants to provide current landlord contact information to the City Manager's office.
The City will endeavor, but does not guarantee, to inform landlords of tenant violations and
deviations from suitability standards.
3. Stay informed and aware of your tenant's operational conduct.
4. Take action to enforce lease covenants when tenants deviate from laws and best practices.
Renewals
NCGS§18B-904(e) provides that the ABC may suspend or revoke a permit if it finds the
location no longer suitable or that the operation of the business at that location is detrimental to the
neighborhood. The City will, when circumstances warrant, advise ABC of operators that are at
locations no longer suitable or who operate at the detriment of the neighborhood. City advice on
suspension or revocation will be based on a weighing of all factors in the outlet's operation. Factors the
!!! DISCUSSION DRAFT VERSION 3 !!!
City will consider include, but are not limited to, within a 12 month period, no pattern of noncompliance with:
1.
2.
3.
4.
5.
6.
7.
Compliance with CBD “Best Practices,”
Noise ordinance citations,
Violations of Occupancy Limits,
Breaches of the peace associated with the premises,
Violations of ABC Laws,
Violations of Municipal Codes, and
Violations of any other laws.
Policy Under NCGS§105-113.71
Notwithstanding any of the foregoing, the City reserves the right to refuse to issue a license in
accordance with NCGS§105-113.71.
Adopted by resolution of the Wilmington City Council, August , 2010.
.
Hospitality Zone Task Force Recommendation
The following recommendation includes the Task Force recommendations preceded by
the referenced message to Columbia City Council:
Message to City Council:
This interlocking system of recommended actions has been carefully crafted and
represents a compromise position for all stakeholders represented on the Task Force. We
believe that this package of proposals, supported by law enforcement, neighborhoods,
and industry representatives, will protect our citizens while greatly enhancing the success
of our hospitality industry.
Critical recommendations (1 – 4 below) are just that: if any change is made to the
recommendations, the position of the Task Force is no longer represented.
Other recommendations (5 – 8 below) are strongly encouraged but changes made by City
Council do not necessarily affect the support of the Task Force.
Critical Recommendations:
1. Implementation of a juvenile curfew, at the same time every day of the week,
year round, drafted with maximum likelihood of passing Constitutional
challenges.1 The only other exceptions to this curfew must be based on the special
restricted driver’s license exceptions2 that law enforcement, parents and teenagers
are familiar with. We recommend a curfew time of no later than 11PM for safety
reasons. This curfew time will allow law enforcement the ability to balance
curfew enforcement responsibilities with its responsibilities for hospitality zone
adult activities, which begin increasing in numbers immediately thereafter.
Curfew enforcement should be by warning only for first six months. Appropriate
penalties for offenders should be determined by Council based on effectiveness of
enforcement, committed resources, input from stakeholders, and exploration of
alternative programs such as the Greenville model, collaboration with Richland
County regarding an alternative jurisdiction (ie Juvenile Drug Court), community
service, and/or use of the Midlands Evaluation Center.
1 The curfew is recommended for hospitality zones but our understanding is that legalities necessitate a citywide curfew. 2 [holder of restricted license may not drive]….unless accompanied by the holder's licensed parent or guardian. The restrictions in this section may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with: (a) employment or the opportunity for employment; (b) travel between the licensee's home and place of employment or school; or (c) travel between the licensee's home or place of employment and vocational training; 2. Implementation of a citywide law closing bars at 2 AM, with one exception. A
bar may apply for a special permit to remain open until 4 AM where State law
permits if it agrees to be bound on a 24/7 basis by strict adherence to legal
requirements pertaining to the sale of alcohol (including the maintenance of
insurance, not promoting binge drinking, proper scrutiny of IDs, not permitting
overcrowding or overserving, etc.), adherence to city laws pertaining to smoking,
litter and other quality of life issues, maintenance of their premises to code,
allowing only 21-year-old and older individuals in the 2AM – 4AM hours,
requiring training of all personnel in an approved TIPS or ServSafe program, and
requiring minimum security personnel staffing, including uniformed law
enforcement. This permit would render the bar subject to city police law
enforcement for liquor license violations. Violation of their agreement can result
in revocation of their business license and special permit. A model ordinance
reflecting these requirements is attached.
3. Enforcement in the hospitality zones by a Hospitality Public Safety Team (the
“Team”) committed to collaboration, to be immediately formed and trained in
relevant laws and best practices. The Team must include law enforcement
(including Columbia Police Department, USC Security, Richland County
Sheriff’s Department and SLED), zoning inspectors (to ensure compliance with
parking and encroachment requirements), fire marshals and business license
personnel with community representatives. Initial goals for the Team must
include, at a minimum, appropriate levels of allocated resources and planned
location and resource coverage. SLED should train and “deputize” all appropriate
Team representatives, including CPD officers, as constables. SLED, however,
should continue to participate as a member of the Team.
4. Implementation of extensive public relations campaigns using outside
expertise on curfew requirements, safe drinking practices, personal safety issues,
more stringent open container enforcement and related topics.
Other recommendations:
5. Finalize a citywide open container ordinance, prohibiting any alcohol outside the
enclosed area of a bar or outside the perimeter of an allowed encroachment zone
area.
6. Tighten current anti-loitering laws which, among other things, forbid obstructing
the sidewalks or streets without a permit, such as requirements set forth in New
Orleans Section 54-401.
7. Increase penalties for overcrowding violations.
8. Provide a mechanism to link information about violations at establishments
currently on several different systems (police, fire, code enforcement, business
license) to better track nuisance cases, which should allow more consistent
enforcement. Columbia 2 AM Closing with Exemption Recommendation Bullets
Citywide, all bars and restaurants would have to close at 2 AM unless the bar obtains a
special permit from the city to remain open until 4 AM but only allowed to sell beer and
wine as prescribed by state law (Saturday night, no alcohol can be sold after 2 AM). To
obtain the permit, the business must agree to:






Not allow any non-employee under the age of 21 on their premise after 2 AM
Not allow any drinking contests or games, or contests involving disrobing, “wet
t-shirt,” or “Girls Gone Wild,” or similar contests to be held or advertised at the
business, unless the business is licensed to operate as a sexually oriented business.
Within thirty days of employment, all security, front-of-house managers,
bartenders and wait staff shall be trained in either ServSafe Alcohol or TIPS
responsible alcohol service programs.
No alcohol consumption will be permitted in the parking lots under control of the
business and no alcohol may leave the premises unless to decks, rooftops or
encroachment zones.
All businesses must employ security personnel licensed by the State and bonded
at a minimum ratio of 1 per 100 occupancy.
Business must maintain all licenses required by state or local law, insurance
coverage including without limitation liquor liability insurance and workers’
compensation.
Penalties
 If within a six month period on the premise two attempted or accomplished
robberies or larcenies, breaches of the peace, drug offenses, assaults, public
nuisances or violations of unlawful sale of alcohol then the business must employ
security personnel on a ratio of 1 per 50 occupancy during all hours of operation
and shall provide a special duty law enforcement officer from 11 PM until closing
time for a period of at least 60 days. If the business fails to comply with this
security requirement within 5 days of notice, they will loose their special permit
for a period of 12 months.

For a business not the victim of the incident, within any 3 month period on the
premises under its control, three robberies or larcenies, breaches of the peace,
drug offenses, assaults, public nuisances or violations of unlawful sale of alcohol,
promotion of binge drinking, maintenance of liquor liability insurance, workers
compensation insurance or any of the above rules, or other violations of law or
of this exemption, the exemption will be immediately revoked for a period of at
least 12 months.
City of Columbia Hospitality District Task Force Members
Durham Carter
Martin Luther King Neighborhood
Bessie Watson
Rosewood Community Assn.
Benny Clark
Two Notch Merchants Assn.
Caroline Watson
Wales Garden Neighborhood Assn.
Tina Cundari
Shandon Neighborhood Assn.
Judy Dawson
Wales Garden Neighborhood Assn.
Mike Duggan
Wheeler Hill Neighborhood Assn.
Bill Ellen
Clarion Townhouse Hotel
Kathryn Fenner
University Hill Neighborhood Assn.
David Goble
Downtown Neighborhood Assn.
David Harris
Nightcaps
Harry Heizer
Ken Wood Enterprizes
Matt Kennell
City Center Partnership
Scott Linaberry
5 Points Association President
Ric Luber
Midlands Authority for Conventions
Deidre Mardon
Vista Guild
Merritt McHaffie
5 Points Association Director
Sabrina Odom
North Columbia Business Assn
Jason Reader
Marriott Hotel
Tom Sponseller
SC Hospitality Association
Jack VanLoan
5 Points Association
Steve Birnie
SLED
Jerry Brewer
USC AVP Student Life
Capt. Chris Cowan
Richland Cty Sherriff Dept.
Capt. Isa Green
Columbia Police Department
Chief Aubrey Jenkins
Columbia Fire Department
Mike King
Asst. City Manager
Brenda Kyzer
City of Columbia Business Licenses
Chief Randy Scott
Columbia Police Department
Capt. Derrick Thornton
Columbia Police Department
Chris Wuchenich
USC Police Chief