BH committee reviews proposed ordinance restricting retail sales late at night

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The city of Benton Harbor could soon limit the hours during which retail businesses are allowed to operate in order to reduce late night parties that cause disturbances and sometimes lead to violence.

At a meeting of the city’s Legislative Committee Wednesday, City Manager Alex Little explained a proposed ordinance that would prohibit businesses from being open for the purpose of retail sales between 2 a.m. and 6 a.m. He said he’s met with several business owners to discuss the proposal.

“So we talked about having a uniform closure time,” Little said. “All of the people that were there agreed unanimously that they had no problem with us doing a uniform closing time all week long and simply asked that it be applied equally to all of the businesses.”

Little said the gas stations and party stores can’t sell alcohol after 2 a.m. anyway, but the mere fact that some still have their lights on and signs lit up that late continues to attract people who sit in the parking lots drinking and possibly causing trouble. Committee Chair Sharon Henderson said that’s true.

“It’s a problem all week with the loud music, with people pulling up because they’re open,” Henderson said. “The lights are on. When the lights are off, it’s quiet.”

Violations of the proposed ordinance would result in a misdemeanor charge punishable by up to 90 days in jail and a $500 fine. Henderson said the fine is too low and should be more like $2,500, but Deputy Public Safety Director Mike Clark said he believes state law limits how high such fines can be. The city attorney will look into that.

The ordinance will next be reviewed by the Public Safety Committee. It could be viewed as a compromise after a proposed ban on late night nuisance parties stalled at the city commission level.

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