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Politics & Government

Shhhh... New Millman Bill Would Force Outdoor Bars To Turn It Down

Assemblywoman Joan Millman has proposed a bill that limits the hours and noise level of rear yard and rooftop bars.

A new bill hopes to put the kibosh on noisy late nights at outdoor bar spaces throughout the city, but local residents and business owners say the bill will cramp their late-night style.

The new bill, proposed by , would set standardized guidelines for all bars and restaurants with rear yards and rooftop seating. Bars and restaurants would be required to close up shop on their outdoor spaces to close by 11 p.m. Sunday through Thursday, and by midnight on Friday and Saturday, unless extended hours are otherwise approved by the community board.

The bill would continue to enforce laws that prohibit amplified music in outdoor spaces and require wait service in all ourdoor areas to prevent crowds from getting too rowdy.

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"It's more important to be good neighbors than to be regulated by some agency," said Carroll Gardens resident Tomas Hunt, who was out on a recent day with his daughter.

Even Len Kleinmen, a resident who once lived next door to a rear yard bar in the West Village, opposed the idea.

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"If you're going to do it, I think the weekdays are okay, but the weekends should be later," Kleinmen said. "The alternative would be having the restaurant provide earplugs," he joked.  

Charmain Gumbs, owner of on Flatbush Avenue, said the early weekend closing hours don’t accommodate local businesses, which often earn much of their revenue in the crucial weekend hours after midnight.

"Maybe it needs to be amended a little bit, just to accommodate the business person," she said. "I understand that we have to accommodate the neighbors that we're affecting, but it is a service to the community as well to have a nice outdoor garden you can dine in when the weather permits."

Community Board 6, however, was thrilled by the bill.

Paul Nelson, Millman's Chief of Staff, presented the bill to the Permits and Licenses Committee on Monday night, urging the committee and other community members to talk to their legislators on behalf of the bill. Attendants of the meeting expressed full support, and the committee officially endorsed the bill. 

The hours of neighborhood outdoor bar spaces recently spent much time before the community board in the battle over , the bar and restaurant under construction at Flatbush and Sixth avenues. Locals were outraged by the bars plans to keep its backyard area open until 1 a.m. on weekends (among other things). After weeks of heated community board meetings and closed-door meetings with local officials and residents, the bar to limit it’s backyard hours to 11 p.m. on weekdays and 12 a.m. on weekends. Millman’s bill would have certainly prevented at least that portion of the Prime 6 debate.

The bill establishes strict guidelines for all bars and restaurants to follow, and supporters of the bill say that this will have a positive impact on both businesses and residents. When residents call in noise complaints, the noise is often gone by the time police arrive, and restaurants and bars constantly have to deal with complaining neighbors. 

Regina Cahill, president of the North Flatbush Bussiness Improvement District, said that the idea behind the bill is to eliminate these problems.

"It will create a consistent policy for all similar businesses so that the police enforcement and the neighbors all have a clear idea of exactly what to expect," she said.

Cahill lives two doors down from on Flatbush Avenue, and has had to speak with them about noise on several occasions.

"They've been cooperative," she said. "But if somebody doesn't want to be that involved in a face-to-face confrontation, than this allows police to enforce a standard that is comfortable for everybody."

Rubin Alban, owner of on Court Street and on Fourth Avenue, believes that standardized guidelines could eliminate competition between businesses as well. 

"It's not fair that some bars can stay open later than other bars, and some bars are noisier than other bars," he said. "As long as all bars are doing the same thing, than it's no problem." 

The proposed bill has a long way to go before going into effect, and Nelson admitted that it probably won't pass this year. Millman and her staff are currently focusing on gaining support from community members and local politicians. 

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