Alesia H. Days, Esq.

Associate City Solicitor Director of Licensing

Law Department
36 Court Street, Room 204 Springfield, MA 01103 Office: (413) 787-6085 Direct Dial: (413) 787-6157 Fax: (413) 787-6528 Email: adays@springfieldcityhall.com Administrative Assistant: Ana Nieves Telephone: (413) 787-6140

THE CITY OF SPRINGFIELD, MASSACHUSETTS

TO:

Mayor Domenic J. Sarno

FROM: Alesia H. Days, Esq. DATE: Monday, February 6, 2012 RE: Public Hearing on Proposed Amendment to the Rules & Regulations governing Entertainment Licenses

Mayor Sarno, After due consideration of the Exhibits and the evidence offered during the hearing, I offer the following: The evidence derived from the exhibits and reasonable inferences drawn therefrom, shows that during the past year, the Entertainment District has been plagued with a high rate of crime, usually occurring during the hours of midnight 4:00 a.m. As a result of the level of crime in that particular area, there are other sections of the City that do not have adequate coverage during those hours identified. The inadequacy of coverage is attributable to the necessity of City officers to be present in the Entertainment District to address large crowds leaving various establishments and to provide assistance with investigations and arrests. Further, reports were provided from the Springfield Police Department demonstrating that the majority of these arrests involved crimes of violence and indications that some individuals arrested were not residents of the City (See Exhibits

D & E). It is a reasonable inference that there are a number of out of town arrests as a result of individuals, who reside in areas where liquor establishments close at 1:00 a.m., come into the City to frequent the Citys establishments that have a later closing hour of 2:00 a.m. An earlier end to entertainment would likely deter those individuals from entering the City and could potentially result in a reduction of arrests. However, there was no additional evidence admitted during the hearing that supported the proposition that a reduction in entertainment hours would deter the level of crime currently committed by those who are residents of the City. While there is a general consensus among both opponents and proponents of the proposed Regulation that the level of crime in the Entertainment District must be addressed, there are dissenting opinions on the appropriate course of action. The encouragement of economic development and the City remaining business friendly must be balanced by the need for the public safety of all City residents. Clearly, it is potentially detrimental to citizens who reside in other parts of the City if police resources are consumed during the late night hours by issues related to crowd control, investigations and arrests occurring in the Entertainment District. Additionally, based on the violent nature of the criminal activity, it places both patrons of the establishments and police at an increased risk of injury and/or loss of life. Although there does appear to be a commitment by business owners, the Chambers of Commerce, members of the City Council and law enforcement to strategize a collective plan to balance both interests, it is readily apparent that given the trend of crime in the area, any plan devised would have to be formulated and implemented expediently. While a number of strategies were proposed at the hearing, there was not a cohesive direction identified that had the consensus of the majority. It is probable, based on the testimony and evidence presented, that an additional forum comprised of representatives with varying interests could result in reaching a middle ground to the proposed 1:00 a.m. cessation of entertainment.

In furtherance of the purpose of this public hearing, the following recommendations are reasonable and appropriate: y y Implementation of the proposed amendment Any infraction of the licensed premises substantiated after hearing would result in either a reduction of the entertainment hours or a revocation of the license y Licensees voluntarily abide by a self-imposed 1:00 a.m. restriction on the re-entry of individuals to the licensed establishment

Please let me know if any additional information is needed.