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City Cracks Down on Nightclubs and May Revise Its Policies

By JENNIFER STEINHAUER

The Bloomberg administration is quietly accelerating a crackdown on New York City's night life industry, using existing city regulations to restrain clubs, bars and restaurants that flout laws, and formulating new policies for how the industry is monitored. The city is also considering changing its 76-year-old cabaret laws, which ban dancing in any place without a license.

An increased focus on night life is part of the administration's broad attempts to remain vigilant about so-called quality-of-life issues and crime prevention, policy cornerstones of the preceding administration. A month ago, the city announced that it would vigorously enforce its noise code, a new effort aimed in part at bars and clubs with noisy patrons who spill into the city's streets. The administration has also strongly lobbied the City Council to pass a bill to prohibit smoking in all public spaces, a move that has infuriated nightclub owners around the city.

Among the most visible of Rudolph W. Giuliani's quality-of-life initiatives were the tactics used during his second term after several revelers were injured or died in violent fights or after overdosing on drugs while in clubs.

Several nights a week, a task force of agents from several city agencies would arrive at clubs late at night with as many as 40 people looking for violations that could range from too few fire exits to fruit flies in the vodka. Reporters were often invited to accompany the teams, which were directed by the office of Deputy Mayor Rudy Washington.

From Sept. 11, 2001, to last April, that task force — known as March, for Multi Agency Response to Community Hotspots — was dormant. As a result, the prevailing perception in the night life industry has been that the Bloomberg administration would be less sweeping in its enforcement efforts.

"This administration seems to understand that there needs to be a balance between reasonable enforcement of the laws and recognition that this is an important industry in New York," said Robert Bookman, the lawyer for the New York Nightlife Association, a 120-member trade group formed in 1997 in response to the Giuliani administration's crackdown. His view was echoed by nearly a dozen bar, restaurant and club owners.

Since this spring, enforcement actions by the March program have increased 35 percent over the preceding year, and the effort will continue to grow, officials said. "Rolling back is not on the table," said John Feinblatt, the city's criminal justice coordinator, which oversees the March program.

The Civil Enforcement Division of the Police Department, which shuts down clubs, motels and other establishments where crimes are committed, is expected to have slightly fewer closings by the end of this year than in 1999, when court orders were issued against 680 locations. (There have been 578 this year so far.) "The Police Department is not less tough" on night life, said Robert F. Messner, an assistant police commissioner who runs the division. "If you listen to stories about what led to this homicide or what led to this assault, you would be surprised how many stem from nightclubs. We don't want those places in New York. We make it very clear."

Mr. Feinblatt and Vincent A. LaPadula, a senior adviser to Mayor Michael R. Bloomberg, have spent several months examining how the city monitors the night life industry and enforces orders to correct violations at clubs. They have met with scores of community leaders and city officials to develop a comprehensive policy by the end of the year.

Mr. Feinblatt and other city officials insisted that their goal was not to put nightclubs out of business, and suggested that some changes might actually streamline the inspection process, perhaps by reducing the number of agencies involved while still being vigilant. "The mayor and his administration are committed to improving the city's quality of life and striking a balance between the city's vibrant night life and the needs of those who live in these neighborhoods," said a spokesman for the mayor, Jerry Russo.

Officials have also been working with a councilman who represents parts of Lower Manhattan, Alan J. Gerson, to review the city's cabaret laws, which were established in 1926. The laws, which restrict clubs to certain areas of the city, also lay out strict safety standards for any club applying for a cabaret license. For instance, a sound system must shut down automatically when a fire alarm goes off.

Community organizations and club owners with cabaret licenses usually agree that the laws should be enforced. The owners argue that they spend considerable time and money to get their licenses and do not appreciate restaurants or lounges without cabaret licenses flouting the law and allowing dancing.

"I certainly went through a lot of trouble and expense to get a cabaret license," said Greg Brier, the owner of Groovejet, on Spring Street. "And I think it should be an even playing field for everyone."

There is ample evidence that the city is enforcing both the cabaret law and the catering law, which is sometimes used against bars and restaurants that book "private parties" and invite unauthorized dancing.

Last weekend, the city padlocked Serafina, a popular nightspot on Lafayette Street, after undercover agents from the Department of Consumer Affairs successfully booked a dance party for 200 people, said a spokeswoman, Dina Improta. The owner paid a $3,500 fine and agreed not to do it again, she said.

Serafina's owner, Victorio Assaf, called the penalty "an injustice." "They are supposed to help downtown restaurants," he said, "not shut us down." Mr. Assaf said dancing was not a regular occurrence at his restaurant. "We post signs telling people not to dance," he said.

He did concede that, yes, a shirtless Jennifer Capriati cut the rug recently with scores of other revelers, and the listing for Serafina on the Web site citysearch.com cites its good dancing. Many bar owners argue that the cabaret laws are too strict, hard to enforce and unfair. Camille Habacker, a co-owner of the Slipper Room, a restaurant and performance art space on Orchard Street, has been fined and shut down several times for having a disc jockey and permitting dancing, even on a stage. She has hired Norman Siegel, the civil liberties lawyer, to represent her establishment. "It is absurd to regulate dancing," Ms. Habacker said in an e-mail message. She mentioned a movie set in a small town where dancing was forbidden:

"I hate to invoke the tired comparison to `Footloose,' but that's exactly what we're talking about here."

Community organizers argue that the real complaint is not with the city but with state officials who issue liquor licenses and, the organizers say, are loath to revoke them.

They point to the Limelight and the Tunnel, two clubs that experienced drug arrests and violence in the last several years. In 1998, the clubs' owner, Peter Gatien, was acquitted of federal charges that he used his clubs as drug bazaars, and city officials were stymied in their legal efforts to close the clubs. Mr. Gatien sold the Limelight, which is about to reopen after renovations. A group that includes the Flatiron Alliance is suing the State Liquor Authority for renewing its license.

"You can get all kinds of enforcements and get a club closed down for overcrowding and drugs, and they will be reopened again and be back in business," said Susan Finley, vice president of the Flatiron Alliance, a cooperative of community groups focused on quality-of-life concerns. "If the State Liquor Authority were doing their job, it would be easier for the good establishments to remain in business," she said. Her group is not saying that they should not be in business but that "there should be more power to get rid of the bad ones."

Bloomberg officials said they planned to review carefully how the State Liquor Authority conducts its business. An authority spokesman would not comment.

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One reason I'm glad that I'm getting old is the fact that in a few years

I wont have to worry about showing up at my favorite

club and there is padlocks on the doors.... I kid you not in a few years

NY is going to be worst than fucking Disney land....What good is

this city if you can't get shot walking to the bodega? Or even walk

through Times Square fucked up. "look at all the pretty lights."...

Bloomberg needs to go smoke pot and sip coconut juice in Bermuda

with his little gay friends...Maybe he can take junior with him too.

leave us the fuck alone. If I want to pay $100 for lettuce then

dance I think I should have the right too....

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