THE CITY OF SPRINGFIELD, MASSACHUSETTS

MAYOR DOMENIC J. SARNO

HOME OF THE BASKETBALL HALL OF FAME

June 29, 2012

Board of License Commissioners for the City of SpringfieldPeter Sygnator, Chairman36 Court StreetSpringfield, MA 0103

Re: Late Night Regulation ofPouring Establishments Licensed Under MG.L. Chap. 138.

Dear Commissioners:

I am writing to you in follow up to the newly adopted regulations requiring a special permit forentertainment after 1 AM taking place at pouring establishments licensed under Mass. Gen. LawChapter 138, and efforts to address the secondary effects of late night entertainment taking placeat such establishments on the city as a whole, and the downtown area in particular.

As indicated in the hearing held with regard to the regulations in December 2011, the City hasbeen faced with challenges concerning the amount of crime in the City, and, in particular, theamount of late night crime in the downtown area and the financial expense for police resourcesrequired to be deployed to the City’s downtown area commonly known as the “entertainmentdistrict” where there is a significant number of pouring establishments licensed pursuant toChapter 138.

As the entertainment licensing authority, it was my hope that an earlier end to entertainment atsuch establishments would likely deter those individuals from entering the City and couldpotentially result in a reduction of arrests and diminish the cost of police resources are consumedduring the late night hours by issues related to crowd control, investigations and arrests occurring

City of Springfield.36 Court Street• Springfield, MA 01103-1687• (413) 787-6100

in the Entertainment District, and making the downtown area and its establishments a safer placeto patronize for food, drink, and entertainment. Additionally, based on the violent nature of thecriminal activity, it places both patrons of the establishments and police at an increased risk ofinjury and/or loss of life.

The new Regulations were effective April 6, 2012. The Regulations have had a positive effect onvarious crime statistics in the downtown entertainment district since the implementation of theregulations. Specifically, a comparison of the time period from April 6, 2011 to May 6, 2011(when the Special Late Night Permit was not in effect) and the same period for 2012 (after itwent into effect) indicates a 22% decrease in the total number of calls for service by theSpringfield Police Department in the Stearns Square area between Worthington Street andBridge Street within the heart of the entertainment district; 401 versus 314. In addition, theovertime costs to the Police Department for that same area have gone down 10% from $16,136down to $14, 574.

A synopsis of crime statistics from all of the streets within the downtown entertainment districtfor a similar time frame, showing the hours from 1:00 A.M. to 6:30 A.M., broken down by the“types of calls” involving: 1) “disturbance”, 2) “gun calls”, 3) “man down”, and 4) “shots fired”,shows an overall decrease of 50%. A table of all arrests, broken down by type, for the same areaand time period shows a total decrease of 44 arrests down to 14; a 68% decrease.

I have included with this letter, information received from Commissioner Fitchet on this issue foryour information.

Recently, a number of lawsuits seeking court injunctions challenging my actions have beenunsuccessful, and the various state and federal courts have upheld the regulatory actions thathave been implemented.

Based on this history, I would request that the Springfield License Commission consideradditional measures to build on the efforts made to date.

For example, I would request that the License Commission consider exercising its authoritypursuant to Massachusetts General Laws, Chapter 138, section 12 to adjust the operating hoursfor licenses. Under that state law, the hours during which sales of such alcoholic beverages maybe made by any licensee as aforesaid shall be fixed by the local licensing authorities eithergenerally or specially for each licensee. This discretion applies to sales after 11 P.M. and 2:00A.M. This change would require the licensing authority to hold a public hearing concerning thepublic need for such decrease; with a two week notice of the public hearing.

Other jurisdictions have different hours, and regulations have also been imposed to prohibit reentry after 1:00 A.M. which may provide examples and experiences for your consideration.

I am requesting that the License Commission carry out its efforts with due course, in order tobuild on the efforts initiated with the hearing last December and which continue to this date.

Very truly yours,

ayor

Affidavit of Police Commissioner William Fitchet with Exhibits

Exhibit 10: Statistic comparison of the number of calls to the Police Department for 4/6/11-5/6/11 and 4/6/12 — 5/6/12

Exhibit 11: Overtime Costs to the Police Department

Exhibit 12: Synopsis of crime statistics from all streets within the downtown entertainmentdistrict

Exhibit 13: A taMe of all arrests broken down by type, area and time period

©

Comparison of the Two Tirneframes

2011 20124/6/11-5/6/11 4/6/12-5/6/12

CFS 401 314 -22%Arrests 27 19 -30%

CT $ 16,135 $ 14,574 -.10%

All numbers for CFS and Arrests taken from SPD Crime View software.

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I..:CFS[. 401 314 -22%I.rrsts 27 19 -30%LoT: $ 16,135 $ 14,574 -10%

All numbers for CFS and Arrests taken from SPD CiimeWew software.

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