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Earlier last call proposed for Spa City bars

By THOMAS DIMOPOULOS

tdimopoulos@poststar.com

SARATOGA SPRINGS u The fashionably late may be left out in the cold come September in the Spa City.

On Tuesday night, City Council member John Franck will propose changing the closing time of city drinking establishments from 4 a.m. to 2 a.m.

If approved, the measure would go into effect on Sept. 7 and would remain in effect from Labor Day weekend through Memorial Day weekend. Closing times would remain at 4 a.m. between June and August.

"This is a tourist town, and I'm not trying to ruin the tourist trade," Accounts Commissioner John Franck said on Monday. "At the end of the day, I don't think it's going to hurt businesses."

The change is being recommended as both a safety issue and for financial reasons, as Franck said an earlier closure of bars could cut down on police overtime costs.

Between 2007 and 2009, 18 out of 80 workers' compensation injuries involving the city's police officers occurred between 2 and 5 a.m., Franck said.

Saratoga Springs has also been the center of some tragic, early morning activities recently. At about 4:30 a.m. on March 18, city resident Ryan Rossley was killed in a hit-and-run incident.

Whether the city can legally modify its closing hours separate from the county - the county's designated closing time for drinking establishments is 4 a.m. - is being reviewed by both city and county attorneys.

Of the 62 counties in the state, fewer than half allow bars to remain open until 4 a.m. Twenty-one require bars to close at 2 a.m., and a dozen others have a 1 a.m. closing time.

Franck said he knows he is raising an unpopular issue.

‘I've always been told, ‘John, don't get involved in this.' It's a sticky wicket," he said.

"What brings people to Saratoga is the excitement and the nightlife, and we do a huge part of our business between 2 and 4," said John Baker, owner of Gaffney's Restaurant on Caroline Street.

Baker said the city would lose sales tax revenue if the measure were adopted. He also wondered if an earlier closing mandate would force people to drive to other communities after 2 a.m.

Jim Stanley has owned the Tin & Lint bar on Caroline Street since 1991. He said he generally closes between 2:30 and 3 a.m. because he doesn't want "that last hour of problems" that can occur. Still, he wants to be able to have a choice in the matter.

"I'm all for an earlier closing, but I don't think anyone should tell me what I have to do. They don't pay for my license," Stanley said. "And that last hour will still be a problem whether it's closing at 2 a.m. or closing at 4."

It is not only the bars that would feel the pinch.

D'Andrea's Pizza and Hot Dog Charlie's are both located among the Caroline Street taverns. They are open until 4 a.m., year-round.

Managers at both eateries said business would be hurt by an earlier closing of the bars.

City Police Chief Christopher Cole cautioned there are no easy fixes, particularly if the reasons for an earlier closure are based on public safety or to try to cut down on police overtime costs.

"I'm for anything that would minimize injuries, but a lot of the problems come from people being over served," Cole said.

An earlier closing would not necessarily mean fewer problems, and Cole said it could lead to people dispersing into residential areas to attend after-hours parties once the bars close at 2 a.m.

A proposal for revised hours of operation for drinking establishments will be presented at 7 p.m. on Tuesday in City Hall. Franck said a public hearing will be scheduled for next month, and he hopes the council will bring the measure to a vote on May 18.

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