Some Louisville bar owners against possibility of being forced to close at 2 a.m.

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At a news conference on Sunday following the shooting, Mayor Craig Greenberg asked city officials to consider the city's current ordinance that allows for establishments to stay open until 4 a.m.

LOUISVILLE, Ky. (WDRB) -- Bars and nightclubs in Louisville could be forced to close earlier as city officials react to a shooting at a restaurant in downtown Louisville on Sunday.

Two men were killed and another five people were injured in a shooting at Southern Restaurant and Lounge, which was improperly operating as a nightclub. Police said there were more than 200 people in the area of 301 W. Market Street around 3 a.m.

At a news conference on Sunday following the shooting, Mayor Craig Greenberg asked city officials to consider the city's current ordinance that allows for establishments to stay open until 4 a.m.

"There are some bar owners and operators who are knowingly flaunting our laws, this is not acceptable," Greenberg said. "I am calling on my colleagues at Metro Council to begin conversations with our administration and the community to determine whether bars in our city should stay open until 4 a.m. or like many other cities in America 2 a.m. is late enough."

Metro Council President Markus Winkler (D-17) told WDRB News that there are, at minimum, three members on board with the mayor's proposal. One of those is Donna Purvis (D-5).

"I've spoken with the mayor, I totally agree with his request," Purvis said. "I've spoken with colleagues, they're with agreement with me, that really the sale of alcohol should not go beyond 2 a.m."

However, Metro Councilman Anthony Piagentini (R-17) told WDRB News over the phone that he is against this proposal. He argues that this will only punish the compliant and safe bars and restaurants, and that it is the criminals who should be held accountable. He compared this situation to the David Armstrong Skate Park, which used to operate 24/7, but now closes at 11 p.m.

Louisville Alcoholic Beverage Control (ABC) Director Brad Silveria said Southern Restaurant and Lounge was operating under a valid license when the shooting occurred.

"My experience has been, when bars misbehave and do things like the senseless violence that took place at this bar, they should be held accountable and take their license away," Silveria said. "You don't have the right to sell alcohol in Kentucky, it is a privilege and that privilege can be taken away."

Patrick Gregory, co-owner of Mellwood Tavern, doesn't think bars staying open until 4 a.m. is the issue.

Despite having a license that allows the bar to serve until 4 a.m., Mellwood Tavern has been closing at 2 a.m. recently.

Inside Mellwood Tavern in Louisville, Ky.

"With everything that has occurred the last few months, we've had to take a hard look at operations and we've made an adjustment to close at 2 o'clock recently even though our license allows us to stay open until 4 a.m.," Gregory said.

A 90-day trial proposal was brought up two years ago, but it was met with backlash from bar owners.

"I don't see it making it better by forcing everyone to end at the same time, it would make more sense to not force a hard almost bottleneck of time where you're going to have a concentration of issues," Gregory said.

Noises has also been an issue. Some bars and clubs received an email saying they will be fined $2,500 if unreasonably loud noise or live music can be heard 50-feet from the building. No warnings will be given.

"A fine of that size is so painful to a business of our size that it would wipe out anything we would do for a month and maybe two months," Gregory said. "It really depends on how you treat the crowd and how the crowd treats you. It doesn't really matter the type of music."

Gregory likes that Mellwood Tavern stays open for people who work later than the typical 9 to 5 schedule. He considers it an important service for people wanting to enjoy a post-work drink, even if it's later than 5 p.m.

"I think the restaurant and bar industry is so specific to the individual operators, a lot of people focus on that 2 to 4 area, bars have regulars and the regulars are the ones that keep those places open," Gregory said. "If you have an established business model and you have people who are visiting you in that time frame you are absolutely going to be hurt by this."

Bars and restaurants have different tiers of licenses based on operating hours and the portion of sales that are food compared to alcohol. Gregory would like to see other solutions besides forcing bars to close at 2 a.m.

"I would like to see the city engage this situation between whether it be violence or late night activity and maybe talk about it other than every Monday when there is a shooting," Gregory said.

The council member who represents downtown, Jecorey Arthur (I-4), told WDRB News over text, "I'm open-minded about solutions, but I don't know if this will do anything to prevent shootings and homicides. So far this year most of them are happening between 4:00 in the afternoon and midnight."

WDRB News also spoke with the president of the Louisville Downtown Residents Association, Ameerah Palacios. She said the shooting at Southern was "not surprising, but disappointing" given the recent complaints to the city about operations.

"It's so disappointing because we know there are so many small businesses and entrepreneurs that choose to have an establishment downtown and don't have any problems," Palacios said.

She said they're focused on making downtown a 24/7 destination, and a proposal to shut down food and drink options sooner would impact that.

"We have to be careful when we start to look at solutions that limit the options, and penalize businesses that do such a good job maintaining a safe community," Palacios said.

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