I'm sure the liability is the same - just that NY Eve tends to bring out (more) drunks. In addition, a primary beneficiary of the nightly entertainment is the merchants who benefit from the crowds of people who come for the entertainment. Successful merchants mean more rent for the developer who then runs his risk/reward algorithm and comes up with a positive for nightly entertainment. Since most merchants do not capitalize on activities beyond 9PM this reward is diminished and the risk is increased, thus tipping the scales toward ending the festivities at 9.
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