A Wake County Superior Court judge's ruling has been praised by the owners of Raleigh bars and nightclubs, especially in the vibrant but sometimes loud Glenwood South district. The ruling, for now, means businesses will be able to operate with fewer restrictions from the city.
Larry Miller, the board president of the Glenwood South Neighborhood Collaborative, said he believes the judge's decision made sense.
"My belief is that the city wanted to add a greater enforcement mechanism for nightclubs and bars," he said. "I didn't think it would work when (the city) first adopted it."
At the heart of the matter was a challenge to a city ordinance that required businesses that sell alcoholic drinks and provide entertainment after 11 p.m. to pay an initial $500 fee and a $100 renewal fee each year.
The nightlife permit ordinance also included an amendment in an attempt to address a long history of complaints from area residents regarding noise in downtown Raleigh's entertainment districts. It stated that if any business was cited for excessive noise, it would have to cease "any outdoor amplified sound" for 24 hours. Any violation of the ordinance would result in a $500 penalty for a first offense, $2,500 for a second offense, $5,000 for a third offense, and have their nightlife permit revoked for any additional offenses.
In his order last Thursday, Judge Paul A. Holcombe III wrote that the ordinance conflicts with North Carolina's Alcoholic Beverage Control (ABC) laws. North Carolina businesses with ABC permits are allowed to sell alcohol between 7 a.m. and 2:30 a.m. He stated that Raleigh's nightlife permit ordinance "exceeds the authority granted to the city" by the state since it "curtails the consumption of alcohol on select ABC permittees' premises after 11 p.m."
Dan Lovenheim, the owner of multiple Glenwood South bars and clubs including Alchemy and The Avenue, sued the city in February of last year over its nightlife permit ordinance. "The ongoing (noise) issues have been resolved and are in the past," he said. "We've come to a pretty good understanding with the city over the years. Glenwood South has reached an equilibrium – the balance between its vibrancy and potential for disturbance is as reasonable as it can be."
In January this year, Raleigh City Council updated its noise ordinance – a separate ordinance from the nightlife ordinance – to require anyone who is cited for noise complaints to turn down any outdoor, amplified sound. City officials this month also began surveying residents regarding its nightlife and noise ordinances.
Miller, the Glenwood South Neighborhood Collaborative president who has lived in Glenwood South for 11 years, said that noise in the area has been an issue for decades, but addressing instances of excessive volume often involves calling law enforcement, which he says is an "inefficient" process that wastes the police department's time and resources. He advocates for a more collaborative approach to resolving the ongoing noise problem.
"The problem is you have to balance the desire and needs of the residents who live here against the business owners' right to do business – that's a tough balancing act," Miller said. "I think you need to work with the clubs and bars in advance … to have trained engineers and sound people to evaluate their businesses and say, 'this is an acceptable (decibel)' level and get the (businesses) to buy into that."
In an email, Raleigh spokesperson Julia Milstead wrote, "The City is assessing adjustments to the nightlife ordinances to address the court's concerns, as well as other potential options."
An appeal of the ruling is possible.
