Virginia Regulatory Town Hall
Agency
Virginia Alcoholic Beverage Control Authority
 
Board
Virginia Alcoholic Beverage Control Board of Directors
 
chapter
Retail Operations [3 VAC 5 ‑ 50]
Action New regulation regulating noise emanating from licensed establishments
Stage NOIRA
Comment Period Ended on 2/20/2008
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Previous Comment     Back to List of Comments
2/10/08  6:15 pm
Commenter: Sharon Campbell

Re: Overstepped bounds
 

As a concerned citizen, who does not frequent "noisy, loud" bars or clubs, I oppose this regulation as being outside the bounds of the intent of the ABC authority and infringing on the rights of business persons to effectively conduct their business.  Each business establishment has the right and obligation to manage their business within the acceptable practices and laws of the locality. Police have jurisdiction to regulate this and most assuredly do in all the localities in which I have resided.  It is much more prudent to have the ABC Board and personnel monitor underage drinking and owner compliance with laws and let other people and  agencies do their job.  Is this a way for a state agency to justify "additional personnel"?  

The noise level you propose is interesting since the chart (from the Federal OSHA regulations) below shows the occupational noise level standard at which hearing protection is required to protect employees in the workplace (more than 90 dBa for 8 hrs being the minimum) :

 

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10625

1926.52(d)(1)

In all cases where the sound levels exceed the values shown herein, a continuing, effective hearing conservation program shall be administered.

 
    TABLE D-2 - PERMISSIBLE NOISE EXPOSURES
__________________________________________________
                                   |
                                   | Sound level
      Duration per day,hours       |  dBA slow
                                   |  response
___________________________________|______________
                                   |
8..................................|          90
6..................................|          92
4..................................|          95
3..................................|          97
2..................................|         100
1 1/2..............................|         102
1..................................|         105
1/2................................|         110
1/4 or less........................|         115
___________________________________|______________

Do you propose to have a tighter standard for  a recreational choice?  You need "not go here" on this piece of regulation - you would be far "righter" to turn it over to VOSH for protection of employees working in the establishment.  Of course, to be in compliance, the owner could provide "ear plugs" which might make their employees a lot happier if they didn't have to listen to the customer as much. 

This is over regulation at its worst. 

CommentID: 653