The Austin Police Department may soon take steps to punish downtown bars and nightclubs identified recently as potentially violating state liquor laws by operating and selling drinks after hours.
At the latest meeting of the Downtown Commission, talk turned to the findings of a June study from the Pecan Street Owners Association that showed a number of bars were selling alcohol after hours or engaged in other activities that could violate local or state laws. APD was presenting information on the state of crime and public safety in the entertainment district centering on Sixth Street between Congress Avenue and Interstate 35.
The study, based on activities observed over two weekends in March, named several bars – Mala Vida, Mala Fama, The Creek and The Cave, Lit Lounge, 512 Bar, The Cut, Space Siete, Tellers – for possible punishment, with investigator Marcus Stokke noting, “We were able to infiltrate the after-hours unlicensed bars while carrying our pistols.”
In response to Commissioner Sania Shifferd’s inquiry about the findings, APD Lieutenant Christopher Juusola said the department has spent recent months visiting relevant business and property owners in an attempt to put an end to the assorted infractions. So-called “nuisance abatement” actions require a number of documented offenses to occur before an enforcement agency or municipality can take steps to permanently close a business or seize property.
“We try to give the business managers and the building owners a chance to try to rectify the problems. We want to show that they’re working with the city, they’re working with the police department on making the community safer for everybody,” he said, noting that Code Enforcement, the Austin Fire Department and multiple state agencies have been involved in the discussions as well. “We invited them to meetings. We came up with different solutions, so they’re supposed to go back to their businesses and fix those. … We’re gonna be targeting those specific places, seeing if they’re complying with some of the recommendations we made.”
When it was released, the Pecan Street study drew criticism from some bar and nightclub owners who argued they were being singled out and targeted for serving a clientele that differs from the upscale demographics some property owners see as crucial for the area to prosper.
Restaurateur Shawn Cirkiel, who is also chairman of the Pecan Street association, told the Austin Monitor the investigation was conducted based on feedback in recent years from multiple bar and nightclub owners who saw a threat from competitors who were avoiding the rules and regulations applied to many in the nightlife industry.
Actions from state officials resulted in the closure of some violators in recent years, Cirkiel said, but a recent uptick in after-hours activity prompted the group to raise the issue again.
“Anytime that there’s sales of alcohol beverages after-hours, it creates stress points because legal businesses that operate inside of TABC and the state comptroller have to pay taxes and follow other regulations,” he said. “Anytime you have after-hours sales or sales without tax revenue, it’s probably always stressful to business owners that operate inside of those parameters. For all the licensed establishments that pay taxes and permits and follow the rules across the city and the state, it probably feels a little unfair to them.”
The future of the Sixth Street entertainment district has become a hotly debated question for local business and policy leaders in recent years, with Dallas-based Stream Realty Partners becoming the owner of dozens of parcels that have typically housed late-night bars and nightclubs. Stream plans to emphasize restaurants as it reshapes the district, with a mix of residential, hotel and possibly office tenants taking up space above ground-floor, pedestrian-focused tenants.
Photo made available through a Creative Commons license.
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Austin Police Department: the law enforcement entity for the City of Austin.
Downtown Commission: The Downtown Commission serves as a steward for the Downtown Austin Plan and advises the Austin City Council on policies and projects that impact downtown.
