Bars and restaurants in Jefferson County may be hit with a $2,500 fee for their first noise violation under a policy the Louisville Alcohol Beverage Control will begin enforcing next month.
Gone are the days of a warning on their first offense.
The decision comes after a community meeting hosted by Louisville Metro Council members Ben Reno-Weber and Andrew Owen to address a shooting Bardstown Road, near Deer Park and the Bonnycastle neighborhoods. There were hundreds of people at the meeting, and several expressed ire over noise coming from local bars.
“Public safety concerns are clearly at the forefront of the community’s minds, and we are acting quickly on several new initiatives to aid in addressing violence,” Reno-Weber said in a release announcing the change that was sent by Metro Council’s Democratic caucus. “These are concrete steps to translate words into direct policy changes that we believe will have an immediate impact.”
The policy is a “direct result of community input,” the release says.
What is considered a ‘noise violation?’
An establishment could get cited if it is the source of “unreasonable noise,” according to Kentucky Statute 244.120. However, the Louisville ABC is using a more specific standard from the Metro Code of Ordinances.
The ordinance, 99.01, states that unreasonably harsh, loud or excessive noise is, “Any manufactured noise plainly audible at a distance of 50 feet from its point of origination or emanation.”
There is no exact decibel limit, said Brandon Bowden, the media relations specialist for ABC.
Who determines if an establishment is violating the 50-foot rule?
Bradley Silveria, the director of Louisville’s ABC, said investigators will visit the business and start at the furthest point “in which the noise can be clearly heard.” Then they will start recording on an “audio/visual” device while going toward the sound.
“This eliminates any concerns that the noise could be coming from another source,” Silveria said.
From there, the investigators will verify the distance either by using a “wheel-style measuring device” or with Louisville/Jefferson County Information Consortium maps.
Louisville Metro Police officers can also perform the same investigation and issue citations for noise violations, Bowden and Silveria said. When this happens, ABC will adopt the citation and create an ABC administrative case.
Will first offenses always result in a $2,500 fine? What about subsequent offenses?
If a business receives a noise violation, the first offense will be a $2,500 fine, Silveria said.
Subsequent offenses “may result in a 2nd offense violation,” Silveria said. Businesses could receive a higher fine or even have their ABC licenses suspended or revoked.
When does this policy go into effect?
It will not go into effect until at least September, according to a statement from the Democratic caucus, but a specific date has not been released by ABC.
“We plan to go live with our ‘Zero Tolerance’ after we send out notifications to all email addresses we have on file for active licensees,” Silveria said.
Why is the noise policy being enacted?
The decision to modify this policy comes shortly after a community meeting in Deer Park to address a July 31 shooting in the 1500 block of Bardstown Road.
But Silveria said the policy has been in the works for months.
“I have been planning on changing this policy since I became the director in February 2023,” he said. The decision comes from “the amount of frustration that I’ve heard from citizens since the mayor appointed me as the ABC Administrator.”
When ABC introduced this policy at the community meeting Sunday, it received the “biggest applause of the night,” Owen said.
Do Louisville officials believe the policy will curb gun violence?
Owen, who represents Metro Council District 9, said tightly enforcing the noise level limits is just one tool available to “dial back the temperature” of the area.
“It’s just that when people drink to excess, sometimes that kind of violence comes out, and it’s at least tangentially related to the bars and restaurants,” Owen said. “We’re doing everything we can with the tools that we have to see if we can find some solutions until there is a longer-term solution.”
Reno-Weber and Owen, both part of the council’s Democratic majority, plan to “unveil additional initiatives aimed at addressing gun violence in the coming weeks,” according to the release from the caucus.
Owen said he has spoken with Maj. Jason Grissom about getting more resources in LMPD’s Fifth Division, which includes the Highlands, Deer Park and Bonnycastle.
He is also focused on community engagement.
“A significant amount of the crime and violence we are seeing today is a direct result of cuts we made to youth engagement and other social programs back in 2019,” he said. “I am pleased the Administration and the Metro Council were able to reinvest in many of those same programs in this year’s annual budget. Those investments will pay dividends, but mostly in the long term. In the short term we are going to need our community partners and all metro agencies to use every tool we have at our disposal to address the urgent needs of today.”
How should bar and restaurant owners prepare for the ‘zero tolerance’ policy?
Silveria encourages bar owners or any other restaurant with an active ABC license “to walk outside around their premises to check noise levels.”
Establishments with ABC licenses should expect to be contacted by the department in the coming weeks about the new policy.
Is there a penalty for people who repeatedly file noise complaints that are unsubstantiated?
“Unfortunately, no,” there is not a penalty for people who continuously report businesses with unsubstantiated noise complaints, Silveria said.
While the calls for service are typically “complaint-based,” citations can only be issued if investigators find the establishment to be in violation of the 50-foot rule.
Source : Courier Journal
