Noise from a Bar
We have a big problem with a bar that opened next to our house. It has been a bit better lately and a big relief during winter time. But now the owner put a tent in the backyard and blasting music. They have live music bands and Dj’s and they leave doors open from the…
We have a big problem with a bar that opened next to our house. It has been a bit better lately and a big relief during winter time. But now the owner put a tent in the backyard and blasting music. They have live music bands and Dj’s and they leave doors open from the bar to the tent. We hear the music in our house even when all windows are closed and TV or music is on. My question: Is it allowed to have a tent in your back yard as a commercial place? i was trying to look it up but didn’t find anything.
Thank you!
Following up on Brokestone’s comments: NYC code has very strict language on commercial music as heard withing a residential building. If you can heard them playing music with the windows closed than they are certainly in violation of the code, which only allows noise to be a small amount above the ambient levels after 10pm.
You can call up 311 and they will send someone to take sound level measurements, documenting the problem. Alternatively, hire a private consultant to measure the noise levels, then bring those numbers to the authorities. Someone from the city will still need to come down to officially measure the problem, but this option can get a resolution faster.
The fines start low for first time offenders, and give the bar an honest chance to remedy the situation. If they do not comply the fines quickly can increase to upwards of $15k per infraction – more than enough reason for a small business to want to comply.
I’d bring this to your local community board.
Also, try calling the local State Senator, State Assemblyperson, and City Council member. If you’ve got a group of registered Democratic primary voters together to complain about this problem–which does sound out of bounds, per the other posters–that helps mightily.
For SLA complaints, it helps to have the support of your local assembly rep.
Is this bar located on the Clinton Hill/Bed Stuy border (the description of the problem sounds very familiar to me)?
G man’s advice is spot on. Most bars and restaurants cannot legally use the rear yard for commercial use, so there’s a good chance the use was illegal before the tent.
It is not illegal in any way for a legal commercial rear yard to operate after 11pm. However some community boards have been successful in getting SLA to write hours of rear yard operation into liquor licenses
Especially since this is a multi-agency issue, I suggest you call your local community board:
http://www.nyc.gov/html/cau/html/cb/directory.shtml
DOB can address whether the property has a certificate of occupancy for commercial use of the back yard and whether the tent is a legal structure. FDNY can address whether there is proper egress. The SLA can answer the question of whether the liquor license permits consumption in the back yard. NYPD can monitor the noise levels. If there is smoking in the tent, the Department of Health will want to issue violations.
With the exception of the SLA, all of the agencies above are on the local service cabinet chaired by the community board district manager. If you do call the police, I recommend specifically reaching out to the precinct’s community affairs officers. And if you call 311, keep track of your complaint numbers. (This is true always.)
Despite what landlord says, it is not necessarily legal. It MAY be legal, but it is not a god-given right.
First, does the liquor license cover the rear yard? Specifically, the rear yard, or just the premises? If not, it may be illegal.
Second, does the CO permit the use of the back yard for the same commercial purposes as the ground floor. If not, it may be illegal.
Third, is the tent actually temporary, or is it a permanent construction? Was it erected with proper permits? Is their legal egress from the rear yard? If not, it may be illegal.
Fourth, are people smoking back there? If so, that may be illegal. Restaurants (but not bars) are allowed to have smoking in no more than 25% of the rear yard. But if there is a roof or canopy or “similar structure”, the smoking code says it is not considered outdoor space.
and that being said, of course it’s better to go work with the owners FIRST. Many of these new bar/cafe owners don’t even understand the law. Look up this information on 311 or nyc.gov, bring it over to the owner and discuss with him that these issues concern you and that these are the laws and that if they don’t start cooperating with you, you are going to take it to another level. The realization that they could start receiving fines and even lose their liquor license would be enough to open the eyes of many a business owner and make it easier in the long run.
t has to be kept under a certain level. And no bars or restaurants are allowed to have ANYONE in the back garden after 11 pm. This is city law and of course if you lived in Manhattan the Mayor would close them down immediately, but in Brooklyn these complaints are rarely addressed because people are not organized….Solution:
Get involved with your block association. You will find others that are annoyed. Have all of them call 311 at once when it occurs, then the city will send someone out to measure the noise. It has to be below a certain level at all times, even during the day. Post 11pm nothing is allowed outdoors and the doors must be shut. Better yet have as many neighbors call the PRECINCT directly at the same time. If they start getting 20 calls at a time, things will happen. Also, call you local rep and talk to them about this business, and go to your local community board to complain. It will take a lot of work but will be worth it in the long run. You would also be fined if you had this going on in your back yard, business or not.