An evening shot of the Bardstown Road district in Louisville.(FILE - Scott Smithson / LPM)A new ordinance requires Louisville businesses that are open until the early morning to hire security, if there’s repeated criminal activity on the property.The ordinance, approved by Metro Council last week , makes changes to the city’s existing regulations on what are called "persistent illegal activity properties.” These are businesses where multiple crimes are committed within a year. Those crimes include nonviolent offenses, such as theft and drug possession, as well murder and assault.Under the new law, a business could also get that label if someone discharges a firearm on its property. And if the business is open between 2 a.m. and 5 a.m., it would automatically be required to hire a security company or off-duty police officers.District 1 Metro Council Member Tammy Hawkins, a Democrat who sponsored the ordinance, said Louisville Metro Police and Code Enforcement have already stepped up enforcement against problem bars and nightclubs in recent years. She said this makes some of the punishments consistent across Jefferson County.“The city could go to a business in Newburg and say, ‘Hey, we’re going to shut you down for three months to work out a safety plan,’” Hawkins said. “Then, they would go to a club on Bardstown Road and say, ‘Just close at 2 o’ clock.’ … I believe in safety and fairness across the board.”Hawkins first proposed new security requirements for late-night businesses back in May, but the ordinance was held in committee for months, with some council members and business owners expressing concerns about the potential cost.A new version of the ordinance moved quickly in recent weeks, in part because of public safety concerns along Bardstown Road.The law, which is now in effect, places security requirements on businesses based on what types of crimes law enforcement identifies on their property.For example, a late-night business deemed a persistent illegal activity property because of multiple violent crimes involving a gun would need to hire security for 12 months. For violent crimes not involving a gun, the period would be six months. And security would only be required for 90 days if the crimes are nonviolent.The Louisville Hospitality Association, which represents some bar and restaurant owners, opposed the ordinance.In a statement to WDRB, the association argued that the city already has the means to enforce safety standards.“The LHA is opposed to this ordinance as written, as it will create unjust financial burdens for small business operators,” the group said. “Laws already exist on the books to deal with 'nuisance properties.’”The Hospitality Association also opposed the different standards for when a late-night business is deemed a nuisance — after two crimes are committed on-site within a year — and the five-crimes-in-one-year standard for hotels and motels.Hawkins said she doesn’t expect that this ordinance will completely address the shootings and fights in and around late-night businesses, but she said she believes it's “a first step.”“You just never know,” she said. “It could be the West End today, it could be Middletown tomorrow. But at least we have something in place that we can start with.”LPM’s Roberto Roldan sat down with Hawkins to talk about what motivated her to put this ordinance forward. A transcript of that conversation, edited for length and clarity, is below.RR: The street takeovers on Bardstown Road this summer, the shooting that happened outside of the Atomic Nightclub, that all gave Metro Council a new sense of urgency around this issue. But you actually introduced this ordinance back in May. So, what was your motivation?(Louisville Metro Council / Provided)TH: Well, prior to this ordinance, it really was not equitable. When things happened on Bardstown Road, LMPD immediately formed a task force that went to Bardstown Road to help deter some of the issues and concerns of those business owners, homeowners. The city jumped in on it immediately.Prior to that, way before Atomic or Baxter Avenue, in the West End, I had several concerns. One leading all the way up to three years ago when there was a mass shooting on Broadway at H2O Lounge. One guy from Indianapolis got killed. My brother got shot in the head and several other people got shot.I turned in a few different directions. A lot of people, and even a lot of my colleagues were like, "Well, I don't have those types of things happening in my district.” And I told them, "Well, let's not wait. Let's try to put a lot of preventative measures in place so, if it does get to your district, you know we have something in place, right?”RR: What kind of requirements does your legislation then place on these businesses to try to address this issue of public safety?TH: So, if you've been a bad actor or bad actors come into your business and ABC, Code Enforcement, LMPD, they deem your business a nuisance, what this does is it gives everybody the same level playing field when it comes to have to being able to have late night security between the hours of 2 a.m. and 5 a.m. So, basically, instead of enforcement being handled on a case-by-case or a discretionary basis, the ordinance replaces guesswork with clear tier-based requirements for on-site licensed security or off-duty law enforcement during peak overnight hours.RR: And the tier-based you're talking about is there's more requirements for if there's violent crimes happening versus if you're talking about a nonviolent crime like theft or drug use?TH: Correct. And I want to say this: If there is a fight that happens outside of your venue, of course we know that you couldn't control that. You know, law-abiding businesses pay zero and face no new mandates.RR: It's important you say that because I want to get you to address some of that. I mean, as you know, the Louisville Hospitality Association lobbied against the ordinance. They argued that the city already has the power to address problem businesses, and that this was going to be a financial burden on small businesses. What is your take on that?TH: Well, I want to say this: I think everything that they're concerned about ABC and Code Enforcement doing they are really already doing. So, this just makes it an even playing field. ...read more read less