Council approves amended version of late night security law

Montgomery County businesses open between 2 a.m. and 5 a.m. that sell alcohol or tobacco must now develop late-night safety plans, according to legislation passed by the county council on Tuesday.

Bill 14-23, sponsored by Montgomery County Council President Evan Glass (D-At-large) at the request of County Executive Marc Elrich (D), requires those companies to develop safety plans and obtain police approval for nighttime operations. The security plan depends on the company and may include measures such as lighting, cameras, security personnel and training.

The bill is in response to an increase in nighttime crime in downtown Silver Spring and other areas in the county. According to a memorandum from Elrich, many companies cooperated with the Montgomery County Police Department to enforce security measures, but others have been less cooperative. The bill aims to ensure a uniform process for all night businesses.

The legislation passed 9-2, with Council members Will Jawando (D-At-large) and Andrew Friedson (D-Dist. 1) opposing it. It will apply to businesses across the county, as opposed to just specific areas, as proposed in an earlier version of the bill.

The original legislation would have applied to businesses open between midnight and 6am. Jawando argued that this plan was fairer and would cover more businesses and provide more security measures. Only Jawando and Councilman Kristin Mink (D-Dist. 5) voted for this option.

Glass and Councilors Sidney Katz (D-Dist. 3) and Kate Stewart (D-Dist. 4) created the amended option that would only apply to businesses between 2 a.m. and 5 a.m.

It also applies to businesses operating anytime between midnight and 2 a.m. that have been the subject of two or more law enforcement service requests to respond to serious incidents during the previous 12 months. Serious incidents include certain crimes identified by the police.

Stewart said this option was created to better work with business owners. The bill has been controversial with local business owners, who have expressed concern that it shifts responsibility for public safety to businesses.

Stewart created a grant program within the law for businesses to receive financial assistance from the county to fund security measures.

Katz said if this option doesn’t work and the plan needs to apply to a larger time frame, the council could go back and approve the original plan. He said it could be considered a pilot program to be addressed within a year and expansion should be considered.

Earl Stoddard, director of the Montgomery County Office of Emergency Management & Homeland Security, said the goal is for the county and businesses to work together on their individual security plans that may be unique to the specific business.

At a public hearing in March, voters expressed mixed views on the legislation, according to county witnesses. The Greater Silver Spring Chamber of Commerce supported the bill in response to increased violence in the Silver Spring area, stating that the corporate safety plans would ensure businesses do their part to improve public safety.

The Silver Spring Justice Coalition opposed the bill over racial equality concerns, expressing concerns that the legislation would disproportionately target businesses and residents of black and brown properties.

This is an evolving story.

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