2006 nightlife legislation in New York City explained

The 2006 nightlife legislation in New York City was enacted on August 23, 2006[1] in response to violent crime involving nightclubs in the New York City area. One of the first measures to come about was a three-point plan proposed by New York City Council Speaker Christine Quinn in her August 8, 2006 memorandum.[2]

Background

In early 2006, a young child, Nixzmary Brown, 7, was murdered. It had occurred within a short time of another murder of a young criminology student. The recollection of Brown's murder was refocused in February, after another murder was brought to the New York City public's attention: the brutal torture, rape, and strangulation murder of Imette St. Guillen, 25, a John Jay College graduate student, whose killing and associated lurid details later captured the nation's attention.[3] St. Guillen's murder, which was related to a bar and a bouncer with a criminal record, would strongly bring the public focus on New York City's nightlife. There were protests against The Falls bar, whose owner had lied to police,[4] and initial discussion of nightlife followed.

The June 18 murder of a 16-year-old student, Chanel Petro-Nixon, and the July 25 rape and murder of another student, 19-year-old Jennifer Moore, gave cause to public concern and the publication of the article series "Wasteland," which was written by the New York Post.[5] A Post columnist, Andrea Peyser, speculated that the three murders were connected:[6]

Such articles discussed fake I.D. use, alcoholic drinking among underage teenagers, and discussion of New York City nightlife in general. Some of the Post articles mentioned accounts of gun-shooting violence involving bouncers. One such bouncer, Stephen Sakai,[7] [8] used a gun to kill some club patrons at Opus 22, which further brought the public's focus on nightlife and bouncers. Sakai was later convicted and sentenced to 90 years in prison.[9] In November 2006, Sean Bell was shot and killed. All those incidents that were reported as occurring in bars and nightclubs[10] would continue in 2007.

In 2009, 17-year-old Nyasia Pryear-Yard, an honors student, was shot to death while attending a party at the Elks Plaza Club in Brooklyn.[11] A suspected gang member, who investigators believe may belong to either the Bloods or the Crips, had brought a weapon past security. The family called for stricter safeguards for late-night parties.

Places

Columbia University

The Columbia Spectator noted that Radio Perfecto had closed but that the nearby Village Pourhouse had stayed open.[12] The article noted the attempts to balance students, the local crowds of people, and neighborhood residents and the attempts made to update the security of area bars. The latter bar later closed as well.

Chelsea nightclubs

The New York Post focused on 16-year-olds attending nightclubs, specifically in Chelsea, in the west of Manhattan.[13] It was noted that it was very easy for teenagers to obtain fake ID cards. Several bar owners were interviewed on the problems of verifying the legitimacy of ID cards, as fake cards were very convincing in appearance; identity theft was also discussed.

The New York Times, in one article, called the nightclubs "playground[s]" fraught with dangers such as drunk young women leaving the clubs in the early morning hours.[14]

Senator Nicholas Spano had scheduled a hearing on September 7, 2006 to discuss the existing liquor laws and how these laws were being enforced.[15] The artie mentioned both Moore and St. Guillen. Spano discussed the Chelsea nightlife areas and the liquor laws and focused on underage drinkers. By September 2006, the Nightlife Summit had been discussed on one website catering to nightlife[16] and on the City Council's website.

In the "Wasteland" series, one of the front-page headlines featured a photo of Jennifer Moore, juxtaposed with one showing a young teenage girl lying drunk on the sidewalk, along with a story on how commonly that occurred. One city block allegedly had 5000 young people entering a bar on that block every weekend night.

Councilwoman Melinda Katz sought to change the minimum age for entry into bars from 16 to 18.[17] Ron Bookman, who represented the New York Nightlife Association, accused Katz of grandstanding and predicted that her legislation would never get beyond the draft stage. Bookman wanted all the legislators to attend the summit hearing in September 2006. He disagreed with the report's recommendations and felt that officials would use the recommendations to target bars unfairly.[18] A later article also discussing underage drinking again mentioned murder victim Jennifer Moore.[19]

Incidents

Scores West nightclub, on West 28th Street, reportedly had its liquor license suspended by the State Liquor Authority for allowing prostitution on its premises.[20] Undercover policemen discovered women selling sex in the various club premises. Manhattan Supreme Court Justice Walter Tolub granted a stay of the SLA order, pulling the license of the club.[21] Pending an appeal by the SLA, the club was allowed to continue to serve alcohol.

A man was stabbed repeatedly by several women during a violent confrontation near the Vesta nightclub, on 29th Street and Eighth Avenue, on March 21, 2008.[22] Possibly 30 people were involved in the incident, which resulted in the man being sent to the hospital in critical condition.

Laura Garza, a 25‑year‑old, went missing on December 3, 2008. She had been last seen leaving a nightclub named Marquee at approximately 4:00 a.m., allegedly with a registered sex offender.[23] In April 2010, the remains of Garza's body were found by the police.[24]

Factors

Fake ID cards

Fake ID cards had been discussed in connection with Moore and her access to clubs, even before her death.[25] Moore's death reportedly had little effect on teenagers' behavior, and the view of teenagers saw the clubs as "cool," the provocative clothing being worn by young women enhanced clubs' reputation. The Bergen Record stated:

The New York City Police Department, by 2007, had been focusing on fake ID. It arrested teenagers in Chelsea and padlocked Club Crobar, Pink Elephant, and Club Sol for numerous drug violations.[26] It was backing laws proposed by the City Council that the police's powers. The police department wanted the New York City Council to give it expanded powers under the Nuisance Abatement Law, which would enable it to close businesses if violent crimes had been committed there and to close businesses that sell fake I.D. cards.[27]

In March 2007, more legislation to enforce security and to prevent fake ID cards was being considered, and Mayor Bloomberg indicated that he would sign the bills.[28] By October 2007, Quinn was backing a state lawmaker's proposal to revoke the alcohol licenses of establishments that served underage drinkers.[29]

The New York Post also reported that it was easy to steal identities from the New York State Department of Motor Vehicles.[30] There was much ease in obtaining such IDs, and Long Island state Senator Charles Fuschillo Jr., an anti-ID-theft crusader, was caught unaware of this fact. A DMV spokesman said there was no plan to stop the program or to make it more secure because duplicate licenses needed to be made for legitimate motorists and it was illegal to possess multiple people's driver's licenses in any case.

Democratic Queens Councilwoman Melinda Katz started drafting legislation on drinking. It would outlaw nightclubs from requiring patrons to purchase bottles of alcohol to guarantee seating. Eight out of the twelve clubs in and around Chelsea that were surveyed by Katz's staff imposed the "bottle service" requirement, including the club in which Moore had been seen.[31]

Bouncers

Bouncers were also discussed as a possible factor to underage drinking.[32] Bouncers are doormen and can decide whether people are allowed into a bar establishment. It was a factor in St. Guillen's murder. Sakai's firearm shooting of bar patrons was also discussed.[33]

On November 14, 2007, it was reported that around the city, the bars were changing their regulations, based on City Council and Police recommendations.[34]

Legislation and legal actions

Quinn followed up her initial August 8, 2006 memorandum with another one, calling for more safety and mentioning an upcoming Summit Meeting. The measures taken in the latter memorandum included the following:[35]

  1. Curbing underage drinking
  2. Improving club safety
  3. Increasing street and transportation safety

Spano scheduled a hearing for September 7, 2006 to discuss the existing liquor laws and how they were being enforced.[36]

Later, a "Nightlife Summit" was held in St. Guillen's alma mater, John Jay College of Criminal Justice. Attendees included Quinn, who had organized the summit; Commissioner Kelly; John Feinblatt, Mayor Bloomberg's criminal-justice coordinator; David Rabin, president of the New York Nightlife Association and co-owner of Lotus; Nightlife Association founder, Andrew Raseij; and various club owners. They made the following points:[37]

However, Kelly was against the idea of using off-duty police because he had said again that it both was illegal and would breed corruption between the police and bar owners. Another opponent to the recommendation, Mayor Bloomberg's criminal-justice coordinator, John Feinblatt, said that "it violates the law." Rabin indicated that it did not have to be specifically a NYPD security detail but that security was urgently required.

Club owners also wanted Bloomberg to create an "Office of Nightclub Affairs" to operate as a liaison between the industry and government. It was mentioned that approximately 65 million people visit New York City bars and clubs each year, which created $10 billion profits for the city annually. Both parties in the discussions agreed that more action was needed to curb underage drinking, including the elimination of fake IDs and the raising the age limit for bars and clubs.

There was also a discussion about creating a campaign to remind clubgoers to remain quiet when they left bars and to call the police if there is a safety issue. Some bar owners also complained that the smoking ban made it more difficult to keep the streets quiet at night. Quinn said:

The council eventually introduced four pieces of legislation to help combat these problems, including Imette's Law, which required stronger background checks for bouncers. Among the legislative actions taken were the requirement of ID scanners, security cameras, and independent monitors to oversee problem establishments. It also enacted the following plan:

Meanwhile, the murder of Moore put more focus on New York City's nightlife. Issues brought to the forefront of public thinking in that case were the underage drinking and fake identification cards that are obtained by teenagers illegally to obtain access to bars.

Immete's Law

On March 14, 2007, Boston Mayor Thomas Menino signed Imette's Law, named after St. Guillen, to make it mandatory for nightclub and bar owners to conduct criminal background checks on bouncers and to set up security video cameras outside the establishment. The law was proposed by Boston City Councilor Michael Flaherty and was passed unanimously.[38] Imette's Law was also enacted in New York State.[39]

New guideline book

A new guideline booklet, NYPD and Nightlife Association Announce "Best Practices,[40] was unveiled on October 18, 2007. The voluntary rulebook included a 58-point security plan, drafted in part by the New York Nightlife Association, and was further recommended by Police Commissioner Ray Kelly and Speaker Quinn. Security measures included cameras outside nightclub bathrooms, a trained security guard for every 75 patrons, and weapons searches for everyone, including celebrities, entering the clubs. The new regulation resulted in stricter penalties for serving underage persons.[41] [42] [43]

NYPD Club Enforcement Initiative

The Club Enforcement Initiative was created by the NYPD in response to what it referred to as "a series of high-profile and violent crimes against people who visited city nightclubs this year." The July 27 rape and murder of Jennifer Moore was mentioned. One article discussed the dangers of police work and undercover investigations.[44] Bloomberg had met with Kelly and community leaders to discuss how undercover police had shot Sean Bell and two of his friends as they had celebrated his last night as a bachelor outside of the Kalua Cabaret strip club in Queens.[45] Bell, who was unarmed, was set to marry later that day his high-school sweetheart and the mother of his two young daughters.

The Club Enforcement Initiative was later mentioned in an article discussing the impact and the changes in nightlife as well as the death of Bell. The article mentioned St. Guillen and Moore as well.[46]

Chelsea residents were reportedly grateful for the increased police presence of the many local bars.[47]

The Club Enforcement Unit also tried to close another club, Stereo, after a patron was shot. Four other clubs were said to have been breaking the new rules.[48]

ID scanners

In August 2006, the New York City Council started initiatives to correct the problems highlighted by the deaths of Moore and St. Guillen.[49] [50] There was also discussions about electronic ID scanners. Quinn reportedly threatened to revoke the licenses of bars and clubs without scanners.[51]

NYPD Safety Manual update

In September 2011, the NYPD Nightlife Association updated its Safety Manual Handbook. There is now a section on counterterrorism, after planned terrorist attacks on certain bars and clubs worldwide.[52]

Notes and References

  1. News: Mayor Bloomberg Signs Legislation to Protect New York City Nightlife Patrons. 2017-08-23. The official website of the City of New York. 2017-03-12. March 13, 2017. https://web.archive.org/web/20170313124800/http://www1.nyc.gov/office-of-the-mayor/news/304-06/mayor-bloomberg-signs-legislation-protect-new-york-city-nightlife-patrons. dead.
  2. Web site: Council Speaker Announces 3-Point Plan to Improve Nightclub Safety . August 8, 2006 . The Council of the City of New York Office of Communications . https://web.archive.org/web/20060818151105/http://www.nyccouncil.info/pdf_files/reports/08_08_06_nightlife_final2.pdf . August 18, 2006 . dead . August 8, 2006 . mdy .
  3. Web site: Latest in St. Guillen investigation . Dateline . June 8, 2007 . dead . https://web.archive.org/web/20070322094415/http://video.msn.com/v/us/msnbc.htm?g=b23a2d0d-cce5-4db5-8709-5b56fc46ab10&f=00 . March 22, 2007 .
  4. Web site: March 17–23, 2006. 'Shut The Falls,' protesters say after murder. Downtown Express. March 18, 2006. https://web.archive.org/web/20070216182212/http://downtownexpress.com/de_149/shutthefalls.html. February 16, 2007. dead.
  5. News: July 30, 2006. Wasteland: Blitzed in deadly teen party zone. New York Post.
  6. News: July 29, 2006. It's open season on young gals. The New York Post. November 13, 2007. https://web.archive.org/web/20120306041010/http://pqarchiver.nypost.com/nypost/access/1086287641.html?dids=1086287641:1086287641&FMT=ABS&FMTS=ABS:FT&date=Jul+29%2C+2006&author=Andrea+Peyser&pub=New+York+Post&edition=&startpage=005&desc=IT%27S+OPEN+SEASON+ON+YOUNG+GALS. March 6, 2012. dead. mdy-all.
  7. Web site: May 24, 2006. Deadly nightclub shooting, bouncer in custody-One man dead, three others wounded. Eyewitness News 7online.com. March 20, 2008. https://web.archive.org/web/20110629031410/http://abclocal.go.com/wabc/story?section=news%2Flocal&id=4200098. June 29, 2011. dead.
  8. News: December 7, 2007. Bouncer Steven Sakai guilty of murder. Daily News. New York. March 20, 2008. Scott. Shifrel. https://web.archive.org/web/20080110094319/http://www.nydailynews.com/news/ny_crime/2007/12/07/2007-12-07_bouncer_steven_sakai_guilty_of_murder.html. January 10, 2008. dead. mdy-all.
  9. News: December 16, 2008. Killer Chelsea Bouncer Gets Life in Prison. Daily News. New York. December 16, 2008 . Dareh . Gregorian.
  10. News: July 28, 2006. Being Alone Raises Perils in a Night on the Town. The New York Times. December 4, 2007 . Michael . Wilson.
  11. News: January 22, 2009. Wake tomorrow for party-slay girl. Daily News. New York. 31.
  12. Web site: October 1, 2008. Bars Try to Balance Student, Local Crowd. Columbia Spectator Online. October 2, 2008. https://web.archive.org/web/20081005042144/http://www.columbiaspectator.com/node/55994. October 5, 2008.
  13. Web site: August 8, 2006. Clubs Go High-Tech To Stop Underage Patrons. The New York Sun. Bradley Hope. November 26, 2007.
  14. News: July 30, 2006. Chelsea Is a Playground, but One Where Perils Lurk. The New York Times. December 4, 2007 . Manny . Fernandez.
  15. News: August 28, 2006. Bar-probe Pol toasts The Post. Kenneth Lovett. New York Post. 23.
  16. Web site: September 29, 2006. New York City Nightlife Summit. ClubPlanet NightlifeStyle Clubplanet.com. November 26, 2007. https://web.archive.org/web/20071106160116/http://www.clubplanet.com/news/archive/new_york_city_nightlife_summit.asp. November 6, 2007. dead. mdy-all.
  17. News: August 25, 2006. Bottle battle against clubs. New York Post.
  18. News: December 28, 2006 . Hold the Phony! City Targets Fake-I.D. Kids . New York Post . Stephanie Gaskell . November 26, 2007 . https://web.archive.org/web/20070929153806/http://www.nypost.com/seven/12282006/news/regionalnews/hold_the_phony__city_targets_fake_i_d__kids_regionalnews_stephanie_gaskell.htm . September 29, 2007 . dead .
  19. Web site: December 29, 2006. Pols Wield Club Want Promoters Licensed. The New York Post. December 15, 2007 . https://web.archive.org/web/20070111020148/http://www.nypost.com/seven/12292006/news/regionalnews/pols_wield_club_regionalnews_stephanie_gaskell.htm . January 11, 2007.
  20. News: March 6, 2008 . Scores West loses liquor license for allowing prostitution on premises . Daily News . New York . March 31, 2008 . Ethan . Rouen . William . Sherman . Joe . Mahoney . Leo . Standora . https://web.archive.org/web/20080409172745/http://www.nydailynews.com/news/ny_crime/2008/03/06/2008-03-06_scores_west_loses_liquor_license_for_all-2.html . April 9, 2008 . dead . mdy-all .
  21. News: March 8, 2008. Scores granted stay as appeal pending. Daily News. New York. March 31, 2008 . William . Sherman.
  22. News: March 8, 2008. Women beat, stab man outside club. Daily News. New York. March 31, 2008. Tanangachi. Mfuni. Ethan. Rouen. https://web.archive.org/web/20080327182841/http://www.nydailynews.com/news/ny_crime/2008/03/22/2008-03-22_women_beat_stab_man_outside_club.html. March 27, 2008. dead. mdy-all.
  23. News: December 6, 2008. Brooklyn woman parties with stranger, vanishes after leaving Chelsea club. Daily News. New York. December 8, 2008 . Alison . Gendar . Jotham . Sederstrom.
  24. Web site: April 27, 2010. Laura Garza's remains identified by police. ABC News-Lucy Yang. April 9, 2011. https://web.archive.org/web/20100429091123/http://abclocal.go.com/wabc/story?section=news%2Flocal&id=7406554. April 29, 2010. live.
  25. News: December 29, 2006. Want promoters licensed. New York Post. Stephanie Gaskell.
  26. News: January 7, 2007. Wasteland Series – "Teenage Card Tricks", "Sweep vs. Club-Kid 'Fakers'". Brad Hamilton and Angela Montefinese. The New York Post. 6–7.
  27. Web site: February 23, 2007. N.Y.P.D. backs laws to crack down on bars. Downtown Express. November 19, 2007. https://web.archive.org/web/20070927195951/http://www.downtownexpress.com/de_198/nypdbacks.html. September 27, 2007. dead.
  28. News: March 1, 2007. Clubs to Play It 'Safe' as Crackdown OK'd. New York Post. Stephanie Gaskell. November 26, 2007. https://web.archive.org/web/20070929083649/http://www.nypost.com/seven/03012007/news/regionalnews/clubs_to_play_it_safe_as_crackdown_okd_regionalnews_stephanie_gaskell.htm. September 29, 2007. dead. mdy-all.
  29. News: October 15, 2007. Fake Kid-ID Crackdown. New York Post. November 19, 2007 . Frankie . Edozien.
  30. News: January 7, 2007 . Wasteland (series) Teenage Card Tricks: Scoring Fake IDs Over DMV's 'net'. Elizabeth Wolff. The New York Post. 6–7.
  31. News: August 25, 2006. Wasteland (series) "Bottle battle against clubs" "Pol blasts 'dangerous' $300 rule". David Seifman, City Hall Bureau Chief. New York Post. 27.
  32. News: August 8, 2006. UNKNOWN. The Bergen Record.
  33. Web site: July 13, 2006 . Chelsea's Shootin' Bouncer: Now 300% More Murdery . Gawker.com and New York Times . November 26, 2007 . dead . https://web.archive.org/web/20080118203745/http://gawker.com/news/chelsea/chelseas-shootin-bouncer-now-300-more-murdery-187046.php . January 18, 2008 .
  34. Web site: November 14, 2007. Bars Bend To Comply With City. Columbia Spectator Online Edition. November 14, 2007.
  35. Web site: September 28, 2006. Speaker Quinn To Lead Summit On Strengthening Nightlife Safety. The Council of the City of New York Office of Communications . September 28, 2006.
  36. News: August 28, 2006. Bar-probe Pol toasts The Post. Kenneth Lovett. New York Post. 23.
  37. News: September 29, 2006. Clubs Seek Wild West Side Sheriff. Stephanie Gaskell. New York Post. 11.
  38. Web site: March 17, 2007. Menino signs "Imette's Law" requiring background checks for bar bouncers . SLRA/Boston Herald/.
  39. Web site: Immete's Law. January 21, 2009. New York State Assembly. July 29, 2010.
  40. Web site: October 18, 2007. NYPD and Nightlife Association Announce 'Best Practices'. New York City Council. October 18, 2007.
  41. News: October 19, 2007 . Nightclub murders give rise to 58-point security plan . Daily News . New York . October 19, 2007 . dead . https://web.archive.org/web/20071022045129/http://www.nydailynews.com/news/crime_file/2007/10/19/2007-10-19_nightclub_murders_give_rise_to_58point_s-3.html . October 22, 2007 .
  42. Web site: October 18, 2007 . NYC clubs agree with police: Even celebs should be screened . WorldNow eyewitness News WPRI.com . October 18, 2007 . https://web.archive.org/web/20071020034714/http://ny.metro.us/metro/local/article/Cops_Celebs_should_get_no_special_treatment_at_nightspots/10419.html . October 20, 2007 . dead . mdy-all .
  43. Web site: October 18, 2007. NYC clubs agree with police: Even celebs should be screened. Newsday . October 18, 2007.
  44. News: November 28, 2006. When the Undercover Beat Is a Nightclub. The New York Times. December 5, 2007 . Michael . Wilson.
  45. News: November 27, 2006. New York Mayor Promises 'Fair and Thorough' Investigation of Groom's Death. Fox News Channel. December 6, 2007. https://web.archive.org/web/20110205162250/http://www.foxnews.com/story/0,2933,232079,00.html. February 5, 2011. dead. mdy-all.
  46. Web site: February 24, 2008. A Bad Night at Club Kalua-In the Sean Bell shooting, 50 bullets and many truths. New York-News and Features. February 26, 2008.
  47. Web site: October 4–10, 2006. With police on the beat, club beat still goes on. The Villager. December 5, 2007. https://web.archive.org/web/20080305120218/http://www.thevillager.com/villager_179/withpoliceonthebeat.html. March 5, 2008. dead.
  48. News: January 11, 2008. Shooting death outside Chelsea club. Daily News. New York. January 11, 2008. Oren. Yaniv. https://web.archive.org/web/20080114153257/http://www.nydailynews.com/news/ny_crime/2008/01/11/2008-01-11_shooting_death_outside_chelsea_club.html. January 14, 2008. dead. mdy-all.
  49. Web site: August 8, 2006. Council Speaker Announces 3-Point Plan to Improve Nightclub Safety. The Council of the City of New York Office of Communications. November 16, 2007.
  50. Web site: September 28, 2006. Speaker Quinn to Lead Summit on Strengthening Nightlife Safety. The Council of the City of New York Office of Communications. November 16, 2007.
  51. News: August 9, 2006. City's Club Crackdown. Joshua Rhett Miller. Metro New York.
  52. Web site: September 19, 2011. NYPD, nightlife association update safety manual. Wall Street Journal-Associated Press. September 29, 2011.