Should clubs that let people party after hours be licensed? Wichita police say yes
The sign on the front of the squat, brick building near Harry and Woodlawn says “People’s 316 Association.” Police call it the Lion’s Den.
The building used to be a popular burger joint. Now, it’s been flagged as an after-hours establishment where a 2:30 a.m. shooting injured two people this summer.
At another after-hours party at different club, a 3 a.m. shooting left one man dead.
Police now say the city needs to license and regulate after-hours clubs to make sure they’re safe.
“These places are totally unregulated, which is problematic for us to address,” Police Chief Gordon Ramsay told City Council members at a workshop recently.
An after-hours establishment often looks like a bar or club but typically operates between midnight and 6 a.m., sometimes illegally serving alcohol and food along with a host of other problems, Ramsay said.
Unlike licensed bars and clubs, after-hours establishments do not have to allow police or city inspectors inside, and they often operate outside of fire codes and food and liquor regulations, Ramsay said. When police respond to incidents at the after-hours spots, no one takes responsibility for the activities, he said.
Regulating the after-hours clubs would allow police to enter without a warrant to address safety issues, lsuch as capacity and health and fire safety, Ramsay said. Licensed clubs would have to allow inspections of their premises to make sure city codes are met.
Licensed after-hours businesses would not be allowed to sell alcohol.
Two after-hours shootings
Police say two businesses near Harry and Woodlawn have been operating after normal entertainment establishment hours.
▪ The Lion’s Den at 6305 E. Harry has operated as an after-hours establishment, police said.
On July 8, a 25-year-old man and a 23-year-old woman were both shot near the front entrance around 2:30 a.m., half an hour after licensed clubs must close.
No business called the Lion’s Den is registered with the state, according to Kansas secretary of state business filings. The Annex Lounge, a bar and grill that closed earlier this year after 60 years, is still listed as a business in good standing at the same location.
No business at that location has a license as a drinking establishment with the city of Wichita, according to city records.
▪ Daiquiri’s at 7007 E. Harry, which operates as a bar during regular hours, allowed patrons to remain after closing time on June 10. Wichita police called to the club on a weapons disturbance around 3 a.m. found Isaac Lewis, 37, dead of a gunshot wound. A 28-year-old woman was taken to the hospital with a gunshot wound to her arm.
According to state records, Daiquiri’s forfeited its good standing as a business in Kansas in 2017, which disqualifies a business from applying for a liquor license, an official with the secretary of state’s office said. A club called Mystique, listed at the same address, is registered and licensed with the city as a drinking establishment but does not appear on the state’s business entity website.
Police have not said if either business was serving alcohol after hours.
Businesses with entertainment licenses that stay open after hours could be violating existing codes, said Jan Jarman, assistant city attorney for the city of Wichita.
A reporter from The Wichita Eagle attempted to contact the Lion’s Den and Daiquiri’s for comment but was unsuccessful.
What about clubs, bars and house parties?
Ramsay plans to present a draft ordinance for after-hours businesses at a future City Council meeting.
To become a licensed after-hours establishment, a business would need to file an application, provide proof of insurance, establish a safety plan that identifies who is responsible for incidents inside the club, and pay $500 ($100 for the application and $400 a year for the license), Ramsay said. That’s the same price as an entertainment establishment license.
The proposed ordinance would not affect already-licensed entertainment establishments, restaurants, bars, hotels or house parties, Ramsay said.
The new licensing requirement would not allow places with liquor licenses or entertainment establishments to reopen as an after-hours establishment after 2 a.m., Jarman said. State law requires those businesses to clear out at closing time and remain closed, she said.
Ramsay said businesses would have to apply for the after-hours license if they meet two of the following criteria and are ongoing:
▪ Playing of music either live or recorded
▪ Entertainment such as trivia or games (gambling)
▪ Sporting events in person or broadcast on screens
▪ Crowds in excess of 20 people
▪ Alcoholic beverages present
▪ Food offered by an unlicensed vendor for purchase or by a paid entry
▪ Entry allowed only upon payment of a fee or membership
▪ Establishment monitored by security guards
▪ Advertised on social media or other medium as open to the public
▪ Operates between midnight and 6 a.m.
▪ On-going activity or business (not a house party, etc.)
Both commercial properties and residential dwellings would qualify as after-hours spots, Jarman said.
Mayor Jeff Longwell asked how police will differentiate between an after-hours establishment and a house party.
“The key is ongoing,” Ramsay said. “So if the party was a couple days a week or on weekends, that would potentially qualify it, if it met the other criteria.”
Jennifer Magana, Wichita’s city attorney, said in an email that this approach has been used by other cities, that the focus of the ordinance is on public gatherings, not private ones, and that the city is still working on the details.
This story was originally published August 30, 2018 at 10:39 PM.