Stricter policies for Newark bars aim for safety

• Local businesses and police agencies are trying to make Newark nightlife safer.
• The crackdown focuses on spotting fake IDs, having safe serving practices and open communication.
• The partnership has been ongoing for four years, but police hope to expand and include landlords in the coming year.

As students return to the University of Delaware campus next week, Newark businesses are preparing to meet new rules when serving young people alcohol. The move is in response to concerns about making establishments more accountable and comes after a young man died during a house party in the spring.

A new nuisance point system for Newark restaurants and bars, as well as a close partnership with local police departments, aims to make the downtown nightlife scene a safer place this fall. The point system, introduced over the summer, affects establishments with special-use permits related to serving alcohol and will go into full effect as students return to the city for the upcoming school year.

“There was no objective measure (to handle complaints) until now,” said Sgt. Dennis Aniunas, Newark Police Department’s Special Operations unit supervisor, who oversaw the implementation. “But we do not want to shut businesses down in this community who are doing the right thing.”

Businesses that serve alcohol to minors, have frequent building code violations and experience issues with rowdy customers will accumulate points that could eventually lead them to lose their liquor license. Infractions can range anywhere from one to 10 points depending on the issues encountered, but Aniunas stressed that businesses making “good faith efforts” to stop bad behavior shouldn’t worry.

Aniunas said the changes come after the closure of downtown bar and restaurant Cafe Olé, which closed before formal violations were placed. Patrons were drinking from open containers on the sidewalks, using fake IDs to gain access to the bar and turning the restaurant into more of a nightclub, he said. The owner of the restaurant was not immediately available to comment Wednesday.

The new policy allows police to take serious action quickly and falls in line with Wilmington's similar nuisance abatement point policy, which works with city agencies to report violations.

Aniunas believes the program will make enforcement of code violations more consistent and foster better communication between police and businesses, especially when it comes to young people consuming alcohol.

STORY: Newark to bars - Break the law, lose your liquor license 

The first step in this partnership was a Newark Nightlife conference at the University of Delaware Wednesday to offer server training, lessons in spotting fake IDs and more information on the legal ramifications of serving minors. The conference has been ongoing for four years, he said.

Drew Willey, a 17-year veteran of the Newark restaurant and bar scene, including at Klondike Kate's on Main Street, stressed that bartenders and doormen serve as the front-line response when stopping bad situations from becoming worse. In Delaware, a bartender can be charged with serving someone underage or allowing them to continue drinking while already under the influence.

“When you’re 18, 19, 20, you’re not really ready for this,” he said, in reference to Newark’s bar scene and the dangers that come with drinking. “It’s funny unless something actually happens. We’re trying to help (patrons) have better stories, ones that end with positive results.”

The conference allowed servers, bouncers and business owners an up-close look at the issues bars across the nation face when serving alcohol, especially those in close proximity to colleges. Many servers, however, acknowledged that these issues come with the job.

More than 50 percent of DUI charges come after an individual has left a retail establishment, making the roles of bartenders and servers even more important when cutting people off from more alcohol.

“What we’re talking about here is life and death,” said Newark police Chief Paul Tiernan. “We often think, wow, these are crazy college kids, but it’s not all college kids. It’s all ages.”

Businesses will accumulate violation points based on the actions of their patrons and employees, ranging anywhere between one to 10 points based on severity. Liquor stores and three bars are exempt: Klondike Kate's, Deer Park Tavern and Grain Craft Bar and Kitchen.

These locations were grandfathered in through city code and don’t operate under special use permit requirements, which makes the new policy moot when it comes to enforcing violations through the point system. Aniunas noted that police will still be patrolling and enforcing the same policies at these establishments, despite concerns that these businesses would be totally exempt from repercussions.

More than 10 points accumulated in a 12-month period by a business will warrant a meeting between the restaurant, the police department's Special Operations Unit supervisor, the city solicitor or representative and someone from the city's Planning Department to determine a plan moving forward.

Aniunas said these meetings will not automatically result in the removal of a business’s special-use permit. If serious crimes like those involving deadly weapons, distribution of illegal drugs, acts causing death and riots occur at a business — all of which will earn an establishment 10 points — a meeting with the city would be imminent anyway.

Minor infractions totaling one point include issues like pedestrians blocking sidewalks, public urination and other citations of that nature. Three points move up to noise and building code violations.

Serving alcohol to a minor – a focus of the conference – will earn a business six points, as will assaults, sexual offenses and associations with gang activity.

“Once you get into the culture of serving people responsibly, you can actually make more money,” Willey said. “And you can create a better relationship with people if you haven’t kicked them out three times in the last month.”

Safe alcohol service is crucial to the restaurant community and "non-negotiable" for businesses to get right, said Carrie Leishman, president and CEO of the Delaware Restaurant Association located in downtown Newark.

As part of the Downtown Newark Partnership, the association sees the direct effects of new code enforcement and policies that directly affect restaurants and the nightlife scene. Her concern, however, is that issues surrounding one or two establishments could negatively reflect on the reputation of other businesses.

"It truly is a partnership," Leishman said. "And I'm a believer in how most of our restaurants and bars handle it. I think I would need to see how it's going to be played out before we truly say this is a partnership to help people in the industry."

The city police department, along with University of Delaware police and the Division of Alcohol and Tobacco Enforcement, also plan to expand the conversation in the coming year to include landlords and local housing complexes, as many underage parties occur at these locations and drive alcohol consumption.

Newark resident Jacob Shelton, 24, said the measures are needed. Anything that lessens the chance of alcohol-related incidents on campus and the surrounding area will garner a positive response rather than negative backlash, he said Wednesday night.

“I would say (the program) is a good idea because there has been a lot of alcohol-related scandals,” he said.

In March, 20-year-old Willem "Goldie" Golden died after falling from the roof of an unofficial fraternity house at 153 W. Main St. near the University of Delaware. The News Journal later reported on how the incident highlighted the difficulties of policing house parties, especially when four of five college students drink alcohol, according to the National Institute on Alcohol Abuse and Alcoholism.

And each year, 1,825 college students between the ages of 18 and 24 die each year from alcohol-related unintentional injuries. When this occurs in unregulated situations, police have a much harder time holding those responsible accountable for furnishing alcohol or engaging in dangerous situations.

“There’s nothing worse than getting a phone call about a student death,” said University of Delaware Police Chief Patrick Ogden.

The university also offers education on safe drinking practices, though Ogden stressed excessive drinking is not just a UD problem, but a nationwide challenge.

Michael Gershe agreed. The 46-year-old man travels the country telling his story of losing his mother to a drunk driving crash when he was only an infant, a crash that left him nearly dead. In 2004, he lost one of his best friends from college to a drunk driving crash.

The pain and loss never go away, he told servers and business owners Wednesday. And in nearly all cases, the death is preventable, Gershe added.

The night his friend died, it was a customer that called police about the man leaving the bar drunk. Police were attempting to stop John Kelly when he ran into a tree and broke his neck, Gershe said.

“My best friend died because he drove drunk,” Gershe said, “and no one from that establishment ever tried to stop him.”

He paused, looking to the young bartenders and business owners seated in front of him.

“When you’re having a bad day, close your eyes, feel your pulse and remember how amazing it is to be alive,” Gershe said. “Our lives are so precious. It could be gone in an instant — and you all can make a difference.”

Alonzo Small, of The News Journal, contributed to this report. 

An earlier version of this story incorrectly identified the college that Willem Golden attended. He was a student at upstate New York's Skidmore College. 

Contact Brittany Horn at (302) 324-2771 or bhorn@delawareonline.com. Follow her on Twitter at @brittanyhorn.