Late Night Business Safety Plan Program
Montgomery County is committed to establishing a uniform process for those businesses in areas experiencing higher than normal call volumes in the late-night hours. The business safety plan summarizes the establishment’s efforts to safely conduct operations for patrons and employee(s) consistent with County Executive Regulation 004-24. Consistent with this Regulation, the Montgomery County Department of Police (MCPD) has launched a Late-Night Business Safety Plan application portal.
Am I required?
Beginning September 13, 2024, businesses required to submit a safety plan are those that have an “other tobacco products retailer” license, food license, license for on-site cannabis consumption, or liquor license where the products sold are consumed on-site at tables or other areas designated for consumption by the business, and that:
- Are open to patrons from 2:00am – 5:00am; or,
- Are open to patrons from 12:00am – 5:00am and have had two serious incidents within the previous 12 months. See the FAQs for the definition of a serious incident.
Businesses required to submit a safety plan under the hours of operation provision must do so within 90 days.
Businesses required to submit a safety plan under the serious incident provision will be notified in writing by MCPD. These businesses must submit a plan within 90 days of the written notification by MCPD.
Training
Applicable businesses will receive training at the business location from a MCPD officer within 30 days of the application submission.
Upon submission of the application, the district station will be notified and an officer will contact the applicant to arrange the training. Training must be completed before the Safety Plan can be considered for approval.
How do I apply?
Fill out our online form to apply for Montgomery County Late Night Business Safety Plan Program.
Frequently Asked Questions
A business-specific written document summarizing the establishment’s efforts to safely conduct operations for patrons and employee(s) consistent with guidelines and training described in Montgomery County Executive Regulation 004-24.
According to Montgomery County Executive Regulation 004-24, Serious Incidents are defined as:
- Criminal offenses investigated by a law enforcement agency that occur inside businesses open between 12:00am - 5:00am or criminal offenses investigated by a law enforcement agency that occur in immediate proximity to a business open between 12:00am - 5:00am where there is a direct and immediate nexus to events that occurred in the business, including:
- Distribution of narcotics or other controlled dangerous substances;
- A sexual offense in the third or fourth degree under § 3-307 or § 3-308 of the Criminal Law Article of the Maryland Code; or
- A crime of violence as defined in § 14-101 of the Criminal Law Article, including:
- abduction;
- kidnapping;
- manslaughter, except involuntary manslaughter;
- mayhem;
- maiming;
- murder;
- rape;
- robbery;
- human trafficking;
- sexual offense of any degree;
- use of a handgun in the commission of a felony or other crime of violence;
- an attempt to commit any of the crimes described in the preceding bullets of this list;
- assault in the first degree;
- assault against a law enforcement officer or emergency medical services provider in any degree; and, assault with intent of any type in any degree.
The Safety Plan Review Panel will receive and conduct a preliminary review of the late-night business safety plan within 30 (thirty) days of receipt of each safety plan.
- Businesses may appeal the disapproval of a safety plan or the requirement to produce a safety plan under the serious incident inclusion provision before the Montgomery County Board of Appeals.
- Appeals must be filed within 30 days of receipt of the decision disapproving a plan or notification of the requirement to produce a plan.
Funding availability is subject to appropriation by the Montgomery County Council.
Businesses may appeal the disapproval of a safety plan or the requirement to produce a safety plan under the serious incident inclusion provision before the Montgomery County Board of Appeals. Appeals must be filed within 30 days of receipt of the decision disapproving a plan or notification of the requirement to produce a plan.
Resources
- Link to County Regulation 004-24
- News release: Link to press release
