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:: Thomas Penton :: May 3 :: Cleveland


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:::FOR IMMEDIATE RELEASE

November 19, 2003

CONSUMER AFFAIRS COMMISSIONER GRETCHEN DYKSTRA ANNOUNCES PROPOSAL TO ABOLISH THE CITY'S CABARET LAW DCA

Proposes New 'Nightlife License' to Address Community Concerns

New York City Department of Consumer Affairs (DCA) Commissioner Gretchen Dykstra today announced a proposal that would abolish the City's cabaret law and institute a new nightlife license to address ongoing community concerns including noise, disorderly crowds, and

dirty sidewalks. The proposal, unique in the nation, will require City

Council approval. Under the proposal, establishments meeting all three of the following criteria will be required to obtain a two-year nightlife license from the DCA:

· Located in residential and some mixed-use zones with a capacity of more than 75 or in commercial, manufacturing, and mixed-use zones with a capacity of more than 200.

· Choose to have continuous live or reproduced sound at a noise level of 90 decibels or higher.

· Remain open after 1:00AM. Licensed nightlife establishments will be able to choose the noise level they wish to maintain and must have a professional sound engineer certify that they are in compliance with the City's Noise Code at that level.

"New York City has the most exciting nightlife in the world," said DCA

Commissioner Gretchen Dykstra. "However, the cabaret law regulating

establishments with dancing does not effectively address what have become perennial problems for communities and law enforcement. Regulations should address problems, and we have found that the problems are consistently the same -- noise emanating from establishments, disorderly crowds, and dirty sidewalks. This proposal promotes a lively nightlife without requiring a license to

dance, and most importantly, it will improve the quality-of-life in

neighborhoods and strengthen enforcement to effectively deal with poorly managed places."

During the past year, the DCA has worked to review the existing law with multiple government agencies, City Council members, and dozens of

cabaret/bar owners, noise consultants, community groups, dance organizations, and other trade associations. In addition, the DCA held a public hearing in June 2003 with expert panels and public testimony.

Highlights of the proposal include:

· Establishments that meet the same criteria three times or less in one year will be able to obtain an expedited special nightlife permit.

· The proposal will not change existing fire and zoning regulations.

· The local Community Boards will have a 45-day comment period to

report its recommendation on a new application.

· Establishments with capacity levels of 500 or more occupants will be required to have one state-certified security guard for every 50 occupants. These guards would also be responsible for maintaining order outside the establishment when needed.

· Nightlife establishments must make a good faith effort to ensure that the crowds entering or leaving do not cause disturbances and that vehicles outside are quiet. In addition, establishments will be required to keep the areas outside the establishment clean.

· Following New York City Department of Environmental Protection standards, the DCA will be authorized to enforce the Noise Code using digital sound meters recognized by the industry.

· DCA will be authorized to order occupants to vacate the premises

immediately if exit doors or fire doors are found blocked or locked.

· Violations for licensees (which will include exceeding the chosen noise level) would range up to $250 for the first violation and up to $1,000 for the third violation. If a licensee receives three adjudicated license violations within two years, DCA will be authorized to padlock the establishment for up to 30 days.

· DCA will be able to revoke a license if the location is repeatedly in violation of any three of the following egregious City or State laws: unlicensed sale of liquor; sale of liquor to minors; overcapacity; disabled sprinkler systems, exit signs or emergency lighting; blocked or locked exits; assault; rape or attempted rape; possessions of weapons; or homicide.

The City's Cabaret Law was promulgated in 1926 and currently covers establishments that serve food and/or drink to the public and have patrons dancing. It is illegal to operate a cabaret in New York City without a license from the DCA.

Noise emanating from bars and clubs continues to be a top complaint at 311, the City's 24-hour citizen service hotline. For a list of common noise levels and zoning maps, visit www.nyc.gov

New York City Department of Consumer Affairs

Basically, if you read the fine print - they will effectively drive out a good number of the NYC nightlife by making it extremely difficult & expensive to be compliant......

*the cost of soundproofing a building has to be enourmous --- enforced w/ digital sound meters ---- :rolleyes:

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I'm annoyed b/c I was running late for work & totally stressing (I have no idea why - but I'm neurotic), and then when I finally show up (45 minutes late) no one notices or cares AND, AND, AND the internal servers are down so I can't even do anything anyways!

*but I'm pretty much over it already. What I'm not over is the new naughtybooth board -- that thing annoys me -- it hurts my eyes to look at it --- the whole thing just annoys me --- I think it's the colors or somethin' -- I like the old board so much better!

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Originally posted by tinybutterfli

i just had multi-grain cheerios for the first time. they get tinyb's seal of approval :aright: :aright: i tried to eat oatmeal yesterday - it wasn't a pleasant experience :(

i like multigrain cheerios. what was wrong with the oatmeal? did you add other stuff to it? oatmeal by itself is pretty darn nasty.

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Originally posted by vicman

i like multigrain cheerios. what was wrong with the oatmeal? did you add other stuff to it? oatmeal by itself is pretty darn nasty.

i think my problem with oatmeal is the consistency. I can't eat raisins for the same reaon :(

I had bananas & cinnamon with it. i wound up eating all the bananas and just the parts with cinnamon LOL. I might just stick to cereal.

Is it weird that I like oatmeal cookies though? :confused:

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Originally posted by tinybutterfli

i think my problem with oatmeal is the consistency. I can't eat raisins for the same reaon :(

I had bananas & cinnamon with it. i wound up eating all the bananas and just the parts with cinnamon LOL. I might just stick to cereal.

Is it weird that I like oatmeal cookies though? :confused:

you probably just don't like the consistency. i love oatmeal, w/ frozen blueberries and strawberries and some yogurt . . . yum yum :D

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Originally posted by tinybutterfli

i think my problem with oatmeal is the consistency. I can't eat raisins for the same reaon :(

I hear ya! I can't eat things w/ freaky consitencies b/c they feel weird in my mouth and gross me out --- Oatmeal, Eggplant, pretty much anything that is mushy and not crunchy grosses me out -- like tomatos that aren't ripe yet and are all soft --- eeew --- cooked carrots or any kinda stewed veggies -- Vegetables are supposed to be fresh & crisp w/ a crunch when you bite into them --- eating cooked carrots is like eating baby food - nasty. Even some croissants gross me out --- some are really waxxy - Fing weirdo french bread! :shake:

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Originally posted by joeygk

I hear ya! I can't eat things w/ freaky consitencies b/c they feel weird in my mouth and gross me out --- Oatmeal, Eggplant, pretty much anything that is mushy and not crunchy grosses me out -- like tomatos that aren't ripe yet and are all soft --- eeew --- cooked carrots or any kinda stewed veggies -- Vegetables are supposed to be fresh & crisp w/ a crunch when you bite into them --- eating cooked carrots is like eating baby food - nasty. Even some croissants gross me out --- some are really waxxy - Fing weirdo french bread! :shake:

what about some real mozzarella cheese?

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Report: Diet Doctor Atkins Was Obese

1 hour, 27 minutes ago Add Health - AP to My Yahoo!

NEW YORK - Dr. Robert Atkins, whose popular diet stresses protein-rich meat and cheese over carbohydrates, weighed 258 pounds at his death and had a history of heart disease, a newspaper reported Tuesday.

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Atkins died last April at age 72 after being injured in a fall on an icy street.

Before his death, he had suffered a heart attack, congestive heart failure and hypertension, The Wall Street Journal reported, citing a report by the city medical examiner.

At 258 pounds, the 6-foot-tall Atkins would have qualified as obese, according to the Centers for Disease Control and Prevention (news - web sites)'s body-mass index calculator.

Diet is one potential factor in heart disease, but infections also can contribute to it.

Stuart Trager, chairman of the Atkins Physicians Council in New York, told the Journal that Atkins' heart disease stemmed from cardiomyopathy, a condition thought to result from a viral infection.

Atkins' weight was due to bloating associated with his condition, and he had been much slimmer during most of his life, Trager said.

The medical examiner's report was given to the Journal by the Physicians Committee for Responsible Medicine, a group that advocates vegetarianism. The medical examiner's office told the Journal that the report had been sent to the group in error.

There was no immediate response Tuesday to a call seeking additional comment from the medical examiner's office.

The diet guru's widow, Veronica Atkins, was outraged that the report had been made public.

"I have been assured by my husband's physicians that my husband's health problems late in life were completely unrelated to his diet or any diet," she told the Journal.

Last month, Veronica Atkins demanded an apology from Mayor Michael Bloomberg after Bloomberg called her late husband "fat."

In April 2002, Atkins issued a statement saying he was recovering from cardiac arrest related to a heart infection he had suffered from "for a few years." He said it was "in no way related to diet."

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Originally posted by joeygk

I hear ya! I can't eat things w/ freaky consitencies b/c they feel weird in my mouth and gross me out --- Oatmeal, Eggplant, pretty much anything that is mushy and not crunchy grosses me out -- like tomatos that aren't ripe yet and are all soft --- eeew --- cooked carrots or any kinda stewed veggies -- Vegetables are supposed to be fresh & crisp w/ a crunch when you bite into them --- eating cooked carrots is like eating baby food - nasty. Even some croissants gross me out --- some are really waxxy - Fing weirdo french bread! :shake:

yay, we can be freaks together! LOL I'm all about crunchy vegetables!

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