In a unanimous decision Monday afternoon, the Henderson Planning Board, a recommendation board to the Henderson City Council, denied a requested amendment to zoning ordinance language that would place restrictions on the operating hours of downtown Henderson businesses.

The Henderson Police Department, in conjunction with Development Services staff, made the request to restrict hours of operation for nightclubs, taverns, lounges and dance halls in the B-1 district to Sunday through Thursday from 4 a.m. to 10 p.m. and Friday and Saturday from 4 a.m. to midnight.

The request also stipulated that restaurants in the B-1 district obtain a special-use permit if offering live music or dancing.

Vance Johnson, Henderson’s assistant chief of police, spoke on behalf of the police department and stated that the amendment was requested due to the volume of 911 calls received late at night, specifically as it related to the multiples businesses that have occupied 200 S. Garnett St. since 2012. The building was most recently the location for Flickers Sports Bar.

According to Johnson, police reviewed data from 2012 to 2014 and found that 63 calls were made after 10 p.m. on weekdays and after midnight on weekends at the 200 S. Garnett St. location.

“These were all serious calls,” said Johnson. “During some of those calls, police had to deploy gas to disperse the crowds.”

Johnson said the most serious of these incidents involved a young man being shot in the head after being caught in cross-fire. “Calls were nonstop when this location was open. Every morning after this business would close, we’d walk around the property and find beer and liquor bottles, shell casings and bullets.”

Henderson City Planning Director Corey Williams clarified that although much of the data focused on specific downtown locations in the past, the proposed amendment – if approved – would cover the entire B-1 downtown district.

Once the public hearing portion of the meeting was open for citizen input, attending community members ranging from long-standing downtown business owners to downtown development staff were vocal in their disapproval of the amendment.

The majority of those who spoke emphasized the importance of attracting and retaining downtown businesses, a goal they felt would be hindered by restrictions on operating hours.

Holding individual downtown business owners responsible for security was offered as a counter solution to restricting hours.

“Warrenton’s City Manager shared with me that whether than restricting hours, they wrote an ordinance that required a security plan that was approved by the police department,” said Henderson Downtown Development Director Kaine Riggan. “I think there is a better solution here than limiting hours that are going to keep me from being able to market properties downtown.”

After closing public commenting, the Planning Board voted to deny the requested amendment. Restricting hours on downtown businesses will not move forward to the City Council for review at this time.