By Gamal Hennessy
One of the most contentious issues in New York nightlife this year, or in the past 7 years, is the ban on smoking. It draws the wrath of local residents down on club owners who follow the law. It generates animosity between smokers and non smokers in venues that don’t throw smokers outside. In extreme cases, venues are having their liquor licenses threatened and might be forced to close based on the actions of their patrons. Seven years under the current regulations have exposed problems in the system. What are the solutions that can serve the interests of everyone involved?
Outside vs. Inside
The smoking ban adds to the tension between club owners and local residents because when smokers are pushed outside it sets off a cycle of disruption and noise. You might think that a few people standing outside a venue will not substantially increase the level of street noise, but that concept only considers the smokers themselves. Smokers, especially attractive female smokers, provide a powerful incentive for groups of male fanatics to hang out in front of a club (especially if they couldn’t get in or got thrown out.) In a twisted effort to get noticed and prove their sexual superiority, these individuals will shout, get into fights, honk their horns if they are in their cars, or try to talk to girls from their cars and back up traffic behind them, which causes other cars to blow their horns. Fortunately for residents who live near the club, this mating cacophony will die down when the girls finish smoking and go back inside, but it will begin again when the next group of girls comes out of the club to take their place. If you change the law so smokers are not smoking out on the street in front of a bar, you reduce the negative impact the venue has on local residents.
Smokers vs. Non Smokers
Once you bring the smoking issue back within the four walls of the venue, accommodations need to be made to separate the smokers from the non-smokers. Published reports and anecdotal evidence suggest that a substantial number of non smoking nightlife patrons do not want to mix with active smokers indoors. To create physical separation, venues with separate rooms can designate the room furthest in the back as a smoking area. This will prevent non-smokers from having to travel through a nicotine cloud to get to their part of the club. Venues without separate rooms could have pressurized walls put in to create mini rooms inside the venue. As long as these rooms were properly ventilated and otherwise conformed to local building codes, smokers could smoke indoors and still be separated from the rest of the patrons and operators.
Clear the Air
Even if smokers were brought back inside and separated from the general population of patrons, something would have to be done with the smoke coming out of the smoking room in order for second hand smoke to be eliminated as a health and odor concern. Technology can provide the best solution here. There are air filtration systems on the market that have been approved by the Department of Health and are currently used by infectious disease wards in hospitals to clean the air. These systems reportedly are the size of a humidifier and one of them can keep 1,250 square feet of interior air cleaner than the air in Central Park, even if 60% of the people are smoking inside. If the law was modified and operators created separate spaces for smokers and installed air filtration units in the club, smokers could smoke without creating unnecessary noise for residents or an additional health hazard for patrons.
Targets the Actors, Not the Scene
There is only so much that an operator can do to stop smoking in their venue. Whether or not the city decides to allow for a more reasonable approach to the ban, one thing that needs to change is the parties that are punished for ignoring the ban. Under the current system, the patron ignores the ban and the operator is punished. There is no real disincentive for the patron to either continue smoking or to go to another venue to smoke. If the onus was placed on the smoker, if the Department of Health or some other organization that has enforcement powers fined the smoker instead of the bar, then the smokers might think twice before lighting up. I am not advocating DOH monitors in every venue. I am pointing out that any group that can act and know that someone else will be punished for their action has little reason to change their behavior.
Closing
Cities around the world are coming to the conclusion that open smoking in venues is no longer acceptable. But protecting public health does not have to lead to detrimental effects on nightlife. There are solutions that the current ban does not utilize. Failing to modify the law to take these options into account hurts everyone both inside the clubs and outside of them. It is time to move past the entrenched positions of City Hall to develop a plan that addresses the reality of the situation.
Have fun.
Gamal
The New York Nights Club Report for January 27, 2010
Compiled by Gamal Hennessy
…I hunt down the nightlife news so you don’t have to…
Politics
Nightlife Town Hall Meeting
(New York Nights)
Community Board 3 on the Lower East Side is scheduling a Nightlife Town Hall meeting at P.S. 20 (Essex and Stanton) on Thursday, February 4 at 6:30 pm. The agenda of the meeting is unclear, but natives and operators who work at or patronize any venue in the Lower East Side or the East Village should attend and make your voice heard. Don’t let the anti-nightlife minority speak for you.
Clubs Could Be Closed for Violating the Smoking Ban(Daily News)
Two weeks ago we ran a story about the increase in smoking violations inside some clubs and lounges. The Department of Health has started cracking down on alleged offenders, but instead of forcing clubs to pay fines, they are taking the aggressive stance of trying to revoke the liquor licenses of M2, the Box and other high profile venues. Is the city trying to make an example of these spots, or are governed by an administration with an unspoken anti-nightlife stance that would rather see clubs close than thrive?
West New York Could Skip Liquor Licenses(NJ.com)
Local leaders just across the Hudson River are considering a plan to let venues serve wine and beer without applying for a liquor license. Considering how many people come into the city from across the river to party on the weekends, a move like this could siphon away revenue from local nightlife. If things continue to be problematic for operators here, we could lose some of venues to the Garden State as well…
Crime
China Club(Daily News)
Three men allegedly got into a fight outside of the midtown venue. Two of them went to the hospital. One of them died. This crime seems to follow a major trend in nightlife violence because the assault seems to have occurred just outside the venue and it occurred close to the end of the night, when many questionable decisions are made. The pattern suggests the need for increased police foot patrols as venues close, which would discourage crime and decrease noise in nightlife concentrated areas.
Opinion
Why Do Patrons Put Up With Bad Service?(Club Planet)
JRL asks why so many people are willing to pay for top dollar bottle service only to be treated like they just ordered off the value meal and paid with coupons?
Have fun
G
By Gamal Hennessy
The ban on smoking in New York clubs was one of the key nightlife policy changes of the last decade. But news stories at the end of 2009 reveal that more and more venues allow smoking and run the risk of fines and possible closure by city authorities. Where does this defiance come from and how will it impact New York nightlife in 2010?
A Shift in Stance
The smoking ban took effect in 2003 and while most venues complied, there were always a few spots that wouldn’t stop you from lighting up, even if they did incur the occasional fine. Early in 2008 there were growing public instances of venues that did not rope off areas out front or create special outdoor sections for smokers. Some operators, both openly and privately, came to the conclusion that it is easier and more cost effective to simply allow people to smoke.
At the end of 2009 smoking in clubs was again reported to be on the rise in New York City. This may be because enforcement has dropped off or because the fines are low enough that paying them costs less than complying with the law, receiving noise complaints from neighbors or alienating influential natives.
Motivation
Patrons might do choose to remain indoors to smoke for convenience when it’s time to satisfy their cravings, but the reasons for non compliance from the operators’ perspective are largely economic.
One of the problems that nightlife advocates predicted before the ban took effect was an increase of street noise that is a natural by-product of the law. When patrons go into a bar, they grab a drink and begin interacting with each other. The volume of the music played in the venue and the increased levels of intoxication raises the volume of the patrons when they are inside. They are screaming, laughing and shouting at each other. Then a few of them go outside to grab a smoke.
As they open the door, noise from the dance floor and the DJ booth spill out into the street. When the patrons get outside, they are still intoxicated. Some of them, especially the amateurs and fanatics, are still screaming, laughing and shouting at each other. The only difference is now they are yelling beneath the window of the preppy couple who just bought a four million dollar condo across the street from the venue because they thought the neighborhood was trendy. The couple can’t sleep. Their expensive purebred dog is stressed out. They get frustrated. They call 311. The club is fined and their liquor license is threatened because they conformed to the smoking ban.
The operator is now caught on the horns of a dilemma; enforce the smoking ban and risk losing their liquor license because of noise complaints or control the noise by allowing people to smoke inside and risk losing their liquor license because of DOH violations. Neither choice is satisfactory.
Alternatives
There was (and still is) an alternative that protects the health of patrons and operators, keeps noise levels down outside of venues and allows patrons to smoke all at the same time. There are air filtration systems on the market that have been approved by the Department of Health and are currently used by infectious disease wards in hospitals. These systems reportedly are the size of a humidifier, one of them can keep 1,250 square feet of interior air cleaner than the air in Central Park, even if 60 % of the people inside are smoking. Nightlife advocates proposed that if a venue was primarily a bar, lounge or club and not a restaurant, then they could have one filter installed for every 1,250 square feet of interior space to become exempt from the ban. This alternative was not included in the final version of the law.
The Year to Come
It remains to be seen how Bloomberg will react to this defiance during his third term. The smoking ban was largely his brainchild and he might feel the need to crackdown on wayward operators. If there is a new round of anti-nightlife sentiment from City Hall, the ban could be used to shut venues down in the same way Giuliani used the cabaret law to shut down spots he didn’t like. It might be a better long term plan for the industry to come together to help change the law instead of ignoring it.
Have fun.
G
By Gamal HennessyBehind the scenes of New York’s constant nightlife party there is a struggle for control. The outcome of this conflict will dictate where and how you enjoy New York bars and clubs. A few weeks ago, we published Last Call to explain this situation from the point of view of the bars and clubs. This article will bring other influential groups into the debate. While NYN maintains its position as an advocate for nightlife, we feel our readers need to understanding the perspective of the other players involved will make all of us better informed about the issue.
A New York Nights Special Report
By Gamal Hennessy
New York is one of the few cities on earth that has a constant nightlife presence. One of the main reasons tourists and new young residents come here is because we have more clubs that are open later than almost other city in the country. The continuous energy of New York nightlife pumps millions of dollars into the city every year and helps make us the city that never sleeps.
But all of the money, energy and prestige that comes from New York nightlife will disappear if the clubs themselves are forced to shut down. How could that happen? How could a city that holds more than 1,500 bars, lounges and nightclubs be reduced to a fraction of that? If clubs are uniformly forced to close at 2 AM instead of the normal 4 AM time, it could have a ripple effect on not only the nightlife industry but the overall New York economy. New York Nights is going to take a look at this issue in a special three part series. 
Club Land Five Years After the Smoking Ban
By Gamal Hennessy
Nightlife News for January 23rd 2008DrinkingExpensive Wine Equals Better Tasting Wine(Tom Randall: Bloomberg.com)In a recent study conducted by the California Institute of Technology volunteers were asked to rate the taste of wines. Each taster was told the price of each bottle before they started sipping. In 80% of the cases, the tasters chose the more expensive wines as the better tasting wines. The only problem was that the prices were wrong. People weren’t choosing based on quality, they were choosing based on perception.HealthWhen Music is Bad for Your Health (Kirk Fernandez: ABC News) Stacey Gayle has a special relationship to Sean Paul’s popular song ‘Temperature’. While the dance hall hit has been known to get people moving, it had a more dramatic effect on Ms. Gayle. She suffered severe epileptic seizures when Temperature or other select songs were played. Potential Problems Cited in New Anti Smoking Drug (Press Release)The benefits associated with quitting smoking are well documented. There are multiple methods a person can use to help them quit. One of those methods is a prescription drug called Chanix. Late last week the makers of Chanix updated the warning label to indicate that Chanix might lead to agitation, depressed mood and suicidal behavior.Use the Banner to read more on these stories in the January 2008 edition of New York Nights.
Nightlife News for January 15th, 2008
Drinking
The Cost of a Drink Might Be Going Up…
(Joe Mahoney: New York Daily News)
Felix Ortiz, a State Assembly Alcoholism Committee Chairman from Brooklyn, has proposed a new tax on every alcoholic beverage solid in the state. Mr. Ortiz claims that if every drink cost $.25 more, the epidemic of underage drinking can be curtailed.
Smoking
New York Scores High Marks for Tobacco Control…but few are satisfied
(Press Release)
Every year the American Lung Association issues a report card for each state grading them on tobacco prevention, cigarette taxes, smoke free air and your access to smoking products. While the city and the state received high marks in almost every category, and scored the second highest ranking in the country, the ALA’s response was clear. New York needs to do more.
Crime
Sean Bell Trial Possibly Moved
(Michael Wilson: New York Times)
On November 25th 2006, Sean Bell left a Queens strip club called Club Kalua after his bachelor party. During an altercation with police, Mr. Bell’s vehicle was shot 50 times by undercover officers. Mr. Bell was killed and two of his companions were injured. Now lawyers for the police in the case filed a motion last week to have the case moved out of New York because the publicity of the case has tainted the potential jury pool.
Read more on all these stories in the January 15th edition of Nightlife News…only from New York Nights.
Nightlife News for October 23, 2007
NY Liquor Authority blamed for decline (Lisa Fickenscher-Crain’s New York)
It is natural for a certain number of businesses to close in any given year. The businesses that disappear are usually replaced by new ones as long as the demand is there. However, while New York City has seen some bars and clubs close in the past few years, the number of replacement clubs is going down, even though the demand is as strong as it ever was...
Smarter people skip the smoking tax (Joan Gralla- Reuters)
You can’t smoke in most New York bars (unless they have hookah) and New York smokers pay more in cigarette tax than almost any other city in the country… or do they?...
New Social Network for Buying Tickets Unveiled. (Press Release)
The changes that Madonna and Radiohead brought to the music industry last week overshadowed a new service designed to help people buy, sell and trade tickets to sports and entertainment events without the high surcharges or fees....
For this and more Nightlife News, click the banner to jump to New York Nights.
