Village of Port North Restricts Late Night Operating Hours at 7-Eleven

By Alice M. Peckelis
(appeared in the 12-28-01, Vol 11, No. 17 edition)

Despite an admonition from their attorney that it was unconstitutional, the Southland Corporation which operates 7-Eleven convenience stores was restricted from operating 24-hours a day by the Village of Port Washington North's Board of trustees by virtue of approving a local law directed solely at convenience stores at a public hearing held on December 10th.

Southland plans to open a 7-Eleven store at the site presently occupied by a Citgo service station at the intersection of Shore Road and Soundview Drive. But concerns over people hanging out in front of the store throughout the night drinking beer and possibly using drugs led the Board to approve a law prohibiting the operation of convenience stores between the hours of 11:00 p. m. and 6:00 a. m. However, that limitation is at odds with the 24-hour a day operation of King Kullen Supermarket in the immediately adjacent Soudview Shopping Center and it is expected that when Stop & Shop eventually opens on the former Lewis Oil property, it likewise will seek to stay open all night.

Howard Avrutin, the attorney representing Southland Corporation, said his client objected to the enactment of the local law which is clearly directed against 7-Eleven. "The proposed local law 'is illegal and unconstitutional." He said the ordinance is overly broad and it infringes on his client's rights under the Fifth Amendment of the United States Constitution. Avrutin added that 7-Eleven sells beer by virtue of a retail license issued by the State and that license states what hours 7-Eleven must be closed. He said State law supersedes any attempt by the Village to regulate 7-Eleven.

Jim Dale, the loss prevention manager for 7-Eleven, said, "Convenience stores get a bad wrap." He said their security program was developed after a study was conducted among prison inmates as to why they targeted certain businesses. He said that less than 20% of its stores experience hardcore crime. Dale added the company's employees are trained to avoid crime. The stores are well lighted and that where possible 7-Eleven donates space in its stores to serve as a work station for police patrolling the area. As part of its security operation, they have a state of the art videotaping system that tapes activity in its stores in color and that employees have a personal safety device to call for police assistance. As a result, said Dale, there has been a 55% reduction in armed robberies.

Trustee Ross Altman said, "What you just presented is that this business is a magnet for criminal activity." If it wasn't, he said; "you wouldn't need such an organized program to prevent criminal activity." Ross, said that the nature of this type of activity is "not in accord with the small town flavor "residents sought when they moved to Port Washington, I don't think people want a brightly lit, heavily trafficked business a couple of blocks from our homes."

Dale countered that they are "just trying to create a safe environment."

Trustee Gary Levi expressed concern over the need in the first place to undertake a project talking to felons in order to implement a security program. "We have a nice, low key lifestyle. "We're very comfortable with what we have."

Mayor Thomas Pellegrino said that Port Washington already has had a problem with gang activity. "MS-13 has given us a lot of trouble." He asked, "How are you going to stop kids from hanging out?"

Dale said they will not permit loitering. Their security plan calls for keeping the windows clear, training their employees to look out the window, identifying the gang leader and calling the police. There is also an off-premises monitor.

Local businessman Peter Dejana said limiting the hours of operation won't solve the problem. He also said there is a sense of inequity in the law. He noted that King Kullen is open 24-hours and Sagar's, a bar across the street, is open until 4:00 a. m.

Ken Barnes, the development Manager for the northeast United States for 7-Eleven, said, "Port Washington is the perfect fit to be open 24-hours. He said it will provide a service to the community - a "beacon in the night." He said 7-Eleven "spends millions on security to be proactive." He added that they have 22,000 stores and despite the fact that they are 'franchised, they maintain a supervisory role over them. "We're always there by their side."

In response to a question about how much of their dollar volume is from beer, Barnes said, "about 15%."

Resident Hank Ratner said that selling beer throughout the night is not being a beacon in the night. "You're being very disingenuous," he said.

Trustee Altman said, "It is unfortunate the law allows young people to load up on beer. It only leads to trouble."

When asked if they would consider not selling beer at night, Barnes said he was not prepared to give an answer at this time.

In response to a question from Ratner as to who the franchisee will be, Barnes responded, "We haven't selected the applicant." He said preference would be given to someone who lives locally.

The applicant for the 7-Eleven is Gary Mencke, who operates the present Citgo station.

The local law does not provide for any limitation in the hours of operation for pumping gas which will be part of the 7?Eleven operation. That led Ames Ressa, a local attorney who owns an apartment complex across the street, to question how the convenience store will be closed when gas customers will have to come in to pay for gas. Village Attorney Steve Limmer said, however, that the Board was "not ready to regulate gas stations; it needs more information."

Ressa added that the Board has an obligation to the residents of Port Washington. "It has a nuisance value," adding, "most of us don't want it."

Avrutin reminded the Board that the application for the convenience store is a permitted use under the Village code. "You can't stop it." He said the courts have held that laws affecting property rights must be narrowly tailored. "You can't use a cannon to kill a butterfly."

After retiring into executive session, the Board voted 4-0 to approve the local law.