Salt Lake City revisits business nuisance ordinance following significant adjustments

The New Yorker nightclub in Salt Lake City is pictured on Aug. 26, 2023. Salt Lake City is again considering an ordinance to handle problem businesses. The nightclub was shut down in 2023.

The New Yorker nightclub in Salt Lake City is pictured on Aug. 26, 2023. Salt Lake City is again considering an ordinance to handle problem businesses. The nightclub was shut down in 2023. (Istvan Bartos, KSL)


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KEY TAKEAWAYS
  • Salt Lake City revisits a business nuisance ordinance with significant changes after backlash last year.
  • The revised ordinance targets properties with chronic disturbances and unsafe conditions.
  • A public hearing is set for March 10 with a final vote possibly on March 24.

SALT LAKE CITY — Utah's capital city is revisiting a proposed ordinance that seeks to tackle issues with problem businesses, but with significant changes after the initial effort ran into complaints from businesses and residents last year.

Last year's effort targeted after-hours alcohol consumption, largely from 2 a.m. to 6 a.m., in response to businesses that skirt state and local liquor laws like the New Yorker nightclub, which was shut down in 2023. Language related to that section was removed in the latest version so that it only targets nuisance declaration and enforcement.

The ordinance would still target properties that generate "chronic" disturbances and have unsafe conditions, because court-based nuisance actions are too slow at resolving impacts of an ongoing problem, said Arturo Garcia, director of finance operations for Salt Lake City.

The city, he adds, needs a more consistent and measurable way to intervene sooner before any situation worsens and threatens public safety, which the city's administration believes the ordinance addresses. These can include drug and violence issues.

Under the revised proposal, a business or residence with three or more incidents in 180 days, ongoing violations for over 30 days, or five nuisance calls for service as a business in 30 days could be considered a nuisance. The city would issue an administrative citation listing the violations and setting timelines for corrective actions to be addressed.

Those cited would be allowed to appeal, and there are options to show they've made improvements or enter an abatement plan with improved security features. However, if improvements aren't made, the city could start imposing fines of $500 to $1,000. A business's license could also be suspended or revoked if two citations are used within a year.

"This ordinance delivers earlier, flexible intervention with a timely administrative action to prevent escalation and reduce calls of service, and stabilize hot spots," Garcia said.

The change improves the guidelines for incidents, violations and nuisances, too, said Katherine Pasker, senior city attorney for Salt Lake City. Violent incidents would need to be addressed quickly, while businesses would have more time to address nonviolent issues.

There are "very specific standards" to define these, she added, when asked what the administrative policy for businesses or residences being called on by people seeking to tamper with the home or business.

Members of the City Council wanted better clarity of what constitutes incidents, violations and nuisances before they make any decisions on the ordinance, but they believe there has been "significant progress" in addressing issues without targeting businesses.

Last year's effort struck a nerve with owners and patrons of social clubs and other late-night businesses. They believed the initial plan would have created "cultural and economic harm," especially to those following existing nuisance laws and other related codes.

"It seems very, very specifically targeted, at least from a legal perspective," said Thinh Doan, a local business owner who started an online petition at the time opposing the measure. His petition ultimately collected over 10,000 signatures.

The City Council agreed, tabling the discussion before changes were made to the ordinance over the past few months that don't relate to specific businesses. Yet, members agree that there is a need for a new measure to crack down on challenges in the city.

"I'm hoping that speeds up the process and solves many of the issues we have seen, and the amount of resources we have to invest in trying to mitigate the impacts," said Salt Lake City Council Chairman Alejandro Puy, referencing issues in areas across the city.

A public hearing on the ordinance will be held on March 10 before a final vote, which is tentatively scheduled for March 24.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.

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Carter Williams, KSLCarter Williams
Carter Williams is a reporter for KSL. He covers Salt Lake City, statewide transportation issues, outdoors, the environment and weather. He is a graduate of Southern Utah University.
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