24/7 Business Hours Proposed for Telegraph Ave.

In its continuing efforts to revitalize Telegraph Avenue, the City of Berkeley is considering a plan to allow 24/7 hours of operation for businesses on the street north of Dwight Way.

On the agenda of the City Council tonight, March 19, is a staff recommendation to allow businesses on that stretch to be open around the clock. The staff also recommends setting a midnight closing time for Telegraph businesses south of Dwight Way.

The staff report says a sunset clause is included that would end the new hours in five years, in case the plan creates problems, but that the sunset date can be pushed further into the future if the new hours are working well.

"Later hours of operation on Telegraph Avenue will increase late night options available to area residents and encourage more people to be out in the district at night," says the report from the city's director of planning and development, Eric Angstadt. "This may attract new businesses or allow existing businesses to expand their service."

The report notes that police and code enforcement officials "are concerned that later hours of operation could result in increased negative behavior on Telegraph Avenue and increased calls for police service, which could reduce police availability for other calls." 

"A sunset clause is included as a precaution in case the change results in undesirable behavior associated with the later hours," the report says. "The 12:00 a.m. closing time south of Dwight Way was included due to concern about noise impacts on the adjacent residential area."

If the 24/7 hours are adopted, no sales of alcohol for off-site consumption would be allowed after midnight.

Currently, the hours of operation on Telegraph are the same north and south of Dwight. Businesses that don't sell alcohol can be open until midnight Sunday-Thursday and until 2 a.m. on weekends. Those that sell alcohol can operate until 10 p.m. weekdays and midnight on weekends. A business can apply for a use permit to operate beyond the current closing times.

The reason for proposing different closing hours south of Dwight is to buffer the impact on residential areas, according to the staff report.

The idea of extending Telegraph hours until 3 a.m. was referred by the council to the city's planning commission in May 2010. At commission meetings, the Telegraph Avenue Business Association recommended 24/7 instead, the staff report says.

The staff report is attached to this article.

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