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We had a very productive day in Albany yesterday. We really could not have done any of it without you all in the Trade and particularly New York Nightlife and Empire State (and their Lobbyists) being so committed and involved. The Study (see attached release) was damning, and provides undeniable evidence that all is not rosy in our industry because of one overbearing piece of bad legislation.

Many media picked up the tale here today, incl radio, newspaper and TV. No doubt we spoiled Bloomberg’s morning coffee or/and Joe Bruno’s breakfast! Lets keep our finger’s crossed that our representations made some difference and will help the bills get out of Health Committee log-jam.

We have a ways to go yet, but it would be remiss of me not to acknowledge the success of the lobby day for all of us. Whatever else we achieved, we were there together, with one message for the legislature, from bars and associated industries all across the entire state. People traveled from Niagara, Buffalo, Rochester, NYC and elsewhere to be in Albany for the day. It was quite moving, and yet sad at the same time. They are all hurting!

Now on our return to Gotham, I see Mayor Bloomberg's big push to shush the city includes, albeit sotto voce, the need to quell the crescendo of calls to the 311 lines by disgruntled city residents, bemoaning the noise caused by smokers congregating outside bars at night, talking and generally carrying on in the summer night's heat!

He says that "over 1,000 calls a day are logged by 311 concerning noise in the city", and we know from bitter experience last year that the bulk of those calls in the summer are related to our customers having to leave the bar to smoke outside....and the related convivial though admittedly loud conversations among these smokers and other friends, passer-bys and whomever is driving community boards and local residents nuts!

The very fact also that the 311 calls are free, and anonymous exacerbates the issue and encourages crank and repeat callers, because there is no consequence for the caller if fraud or nuisance is his/her goal. (calling 911 falsely on the other hand is a federal offense!).

Recently some city bars have been targeted by over-reaching residents associations, circulating fliers to residents on neighboring city blocks encouraging them (the residents) to call 311, indicate that smoking is going on at a given named bar, (whether that’s true or not) and by making that bar's life a misery, with police and health officers' inspections each week, answering these complaints, the bar will eventually close and the block will quieten down.

QED. The end justifies the means...hardly!

The real solution as we know, for such sidewalk noise is to put the smokers back inside the bars where they belong in the first place, where they can be controlled, and the street noise quelled.

On a lighter, but totaling note, please see David Letterman’s Top Ten List from last night’s show… go to http://www.cbs.com/latenight/lateshow/top_ten/

We made National TV Guys - Take a bow!

Thanks again!

Brian Nolan

Exec Director
United Restaurant & Tavern Owners of New York, Inc.
305 Madison Ave, Suite 1946, New York, NY 10165
URTO-NY Phone 212 557 5200