Call 311? No Lack Of Rules Governing Restaurants And Bars, But Agencies Not Enforcing Them

Leroy Branch, Assistant District Manager of Community Board 6

addressing the audience

With the proliferation of bars and restaurants in our residential Brooklyn Brownstone neighborhoods, complaints about quality-of-life issues have multiplied as well. Though there are specific rules and regulations governing these businesses, the various agencies in charge of enforcement sometimes choose to turn a blind eye.

For example:

*Did you know that a bar's doors and windows are to be kept closed at all times to prevent noise from escaping onto the sidewalk? ( NYC Department Of Environmental Protection)

Walk down Smith Street or 5th Avenue on a Saturday eve and you would not know that this law exists.

*How about the fact that only 25 % of a restaurant's outside area can be used for smoking as long as the designated smoking area is contiguous, separated from any other dining areas by 3 feet. (NYC Department of Health Rule)

Check out any of the bars which allow smoking in their backyard area. None of them follow this rule.

* Most importantly, restaurants and bars are not allowed to exceed a capacity of 75 people on their premises, unless they have a Place Of Assembly Permit. That number includes the establishment's employees (NYC Department Of Buildings.)

The rule exists as a fire safety measure.

It would appear that most establishments in Brownstone Brooklyn operate without a Place of Assembly Permit, though many regularly exceed 75, especially if they have a backyard, which accommodates more patrons.

In order to better understand those and other rules governing eating and drinking establishments, the Permits and Licenses Committee of Community Board 6 took time out from voting (and mostly approving) new liquor licenses and unenclosed sidewalk café permits at their monthly meeting on Monday. On hand were representatives from

the Sanitation Department, Fire Department, Department Of Health, Department of Environmental Protection and the New York State Liquor Authority, and the 76th and 78th police precincts. Unfortunately, the Department of Buildings did not send anyone, though the agency is responsible for issuing business permits and enforcement of the zoning resolution.

Quite a few local residents had taken the time to show up to get information as well as to address topics such as noise, backyard use, over-capacity, smoking and other quality of life issues. The solution to most of these issues, according to the agency representatives, was to call 311 to make a complaint, a frustrating and time consuming remedy to problems that could easily be fixed if the agencies would just enforce their own laws.

Below are a few videos I took during the meeting. I hope that the information can be useful to others.