Steve Thurston (2021)
The City of Saratoga Springs is looking to close restaurants and bars, especially along Caroline Street near the area here on Maple Ave, on Broadway and on Henry Street. (File photo.)
The Saratoga Springs City Council set a public hearing to consider a law that will hold responsible any bar or restaurant that serves alcohol after 2 a.m. if a patron leaves the bar after 2 and then commits a crime before 3 a.m. A company’s business permit will be revoked in that situation if the patron is subsequently arrested or is issued a ticket to appear in court, the draft legislation says. Commissioner of Public Safety James Montagnino brought the draft law to the council. (See the draft, below.)
The council set the public hearing at a special city council meeting Monday evening, Nov. 28. The public hearing is set for Dec. 6 before their regular council meeting. The proposal would amend chapter 136 of the city code, "Lodging and Eating and Drinking Establishments."
Officials say this is a stop-gap measure as they pursue other avenues to force bars closed at 2 a.m.
One step the city approved was a resolution to have Mayor Ron Kim officially ask the county to move the closing time from 4 a.m. to 2 a.m. Under state liquor laws, counties can set closing times at or before 4 a.m. — Saratoga County has been steadfast in their decision to maintain a 4 a.m. closing time.
However, the state could also decide to change that final time or adjust the law to allow localities inside a county to make changes themselves, officials have said.
"We're going to request from all levels of government — the state legislature, the county and our own city council — for ways to mitigate" the issue of late-night violence in Saratoga Springs, Mayor Ron Kim said in an interview before the Monday evening meeting.
This activity stems from the late-night shootout at 3 a.m. Sunday Nov. 20. Two men who had been drinking in a bar then fired weapons at one another near the corner of Caroline Street and Broadway. Police near the activity responded quickly and fired their weapons, as well.
Changes at the state or county level will take months to occur, officials have said.
"We don't expect that they're going to do anything,” Mayor Ron Kim said of the Saratoga County Board of Supervisors. "There are things that the city can do [immediately] without the county."
Kim added later in the interview: "If it becomes too expensive to stay open after 2 o'clock, rational players will close."
[See our coverage of the county’s response to this issue here.]
The city will not only consider the threat of the permit removal, but may also look to change zoning laws in a way that would close establishments at 2 a.m., official have said, but there is no public legislation on this.
[In a related story: >The Saratoga Springs City Council will meet Friday Dec. 2 to consider and likely pass a resolution against the gag order placed on city officials concerning the shooting incident of Nov. 20. Read more here.]
All of the commissioners expressed support for the 2 a.m. closing time.
Commissioner of Accounts Dillon Moran expressed frustration that the county “will continue to take our millions of dollars” but will not respond to the city’s needs.
“I think this is a step we need to take,” Moran said of the draft legislation. “I think we need to do more.”
The Draft Legislation:
Any permit issued under this Chapter to an eating and drinking establishment or to a cabaret may be revoked by the City Council, upon motion by any City Council Member, upon a showing of reasonable cause to believe that:
a) a patron or guest of the establishment in question left the establishment after 2:00 a.m. and, within one hour of leaving the establishment, committed a criminal offense. Prima facie evidence of the commission of a criminal offense shall include, but not be limited to, an arrest or issuance of an appearance ticket upon probable cause; or
b) a patron or guest of the establishment in question committed a criminal offense on those premises after 2:00 am, when the establishment in question was open for business. Prima facie evidence of the commission of a criminal offense shall include, but not be limited to, an arrest or issuance of an appearance ticket upon probable cause; or
c) any individual suffered physical injury or serious physical injury as those terms are defined in the Penal Law after 2:00 am, on the premises of the establishment, while the premises in question were open for business; or
d) any individual possessed a deadly weapon or dangerous instrument as those terms are defined in the Penal Law after 2:00 am, on the premises of the establishment, while the premises in question were open for business. This subsection shall not apply to law enforcement officers on the premises while on duty and acting within the scope of their duties.
Nothing in this section shall be read as limiting the authority of the City Council or any Commissioner or any regulatory body to deny, suspend, revoke or otherwise act against the holder of any permit issued under this Chapter.