Hammond city attorney Kevin Smith, foreground, and Hammond Board of Public Works members Donald Kalina, L-R, Jeff Long, and Tinisha Greenwell
Gas stations in Hammond have until November 1 to comply with the city’s new law, Ordinance 9605, restricting their operating hours to 5AM to midnight. Some stations can bypass the restriction and continue operating 24 hours if owner-operators get an exemption from the city’s Board of Public Works and Safety.
That’s why Luke Oil’s Terence Fife, Director of Safety & Security, has been spending some of his mornings at city hall.
Of Hammond’s 37 gas stations, nineteen operate 24 hours. The remaining 18 close between 10pm and midnight.
At Friday’s business exception hearing, Public Works Board President Jeff Long said eleven of the 24-hour stations have petitioned the board for exemptions. A store faces a daily fine of $2,500 if it remains open without being granted the exemption.
Three stations sought exemptions Friday, all from Luke Oil. Luke operates 8 stations in Hammond, 4 of them are open 24 hours.
The public works hearing is straight forward. Owners know how to proceed, since factors for the board’s consideration are spelled out in the ordinance. Topmost of the nine factors are incidences of criminal acts and police calls over the last 5 years with an emphasis on the last 24 months; whether the station allows its security cameras to be monitored by the Hammond Police Department; and whether there is adequate security overnight.
Station owners appear before the board and address each factor. They testify to their compliance with the new law and preparations they are making to satisfy the requirements to remain open 24 hours. The board also hears testimony from Hammond’s city attorney who examines the station’s history to help determine how the store can comply with the new law. The city attorney can also recommend the exception be denied or approved.
Fife petitioned first for the Luke Station at 5105 State Line. “I’m well aware of the criminal acts and police presence we’ve had at that gas station overtime,” he told the board, and went down the list of factors. Fife said the station participates in the police department’s FUSUS camera monitoring program. At midnight, the station locks its doors as a security measure to keep employees safe; customers have access through window service.
A homicide occurred at the State Line store in June. “This is a station the ordinance was made for,” said city attorney Kevin Smith. “It has the most police calls of all Hammond gas stations.” Smith gave the board a stack of papers listing police calls going back to 2019. He brought in testimony from police department, planning, and code enforcement officials citing improvements needed.
Smith recommended the board deny the exemption request for the State Line store.
The process was repeated for Luke’s stations at 3550 Sheffield and 850 Indianapolis Blvd. They are not problems for the police department, Smith said. “I will leave it up to the board for the 3550 Sheffield store. I recommend the Indianapolis store remain open.”
The board considers if the station is in a residential or commercial area. Is it easily accessible by interstate travelers? What is its history of city ordinance violations, with emphasis on those that impact public safety?
Does the station have adequate lighting at night? Is its business license current and has it been properly licensed each year? The board can consider any other relevant factor.
James Witham, a former owner of 4 Hammond gas stations said he regrets seeing the loss of jobs. “I cringed when I heard the city council lady say store clerks can get another job. People I hired as clerks in my stores grew in those jobs. Some became mechanics, truck drivers, and managers. Some even retired from the company.”
The board has 10 days to notify the station whether its exemption has been granted or denied. Exemptions have to be renewed each year.
Mayor Tom McDermott pushed for the law’s passage after the homicide in June. That homicide and the numerous calls for assistance the Hammond PD receives from gas stations between midnight and 5am, the administration said, threaten the welfare of its residents. According to the ordinance, Indiana state law allows the city to regulate property within city limits that might endanger public health and safety.
