Published: August 25, 2008 09:33 am         

Businessmen dispute city’s sprinkler agreements

CLINTON — Some local bar owners are asking the city to rescind agreements requiring them to install sprinkler systems in their establishments within two years.

Last year, the owners of four bars including Joni's Penthouse Lounge, Club 110, Apollo's and Two Hills signed agreements with the city saying they would install the sprinkler systems within two years of opening. Earlier this year, the Rules and Regulations Committee and the Clinton City Council approved an amendment to the city fire code that relaxed the requirements for establishments within the city, requiring bars with occupancies over 100 and located on the ground floor to have a fire alarm system and bars located above or below the ground to install sprinkler systems within 10 years. Under the adapted city fire code, sprinkler systems are required to be installed in newly opening establishments, when the establishment changes ownership or when a remodeling that costs more than $50,000 occurs.

The bar owners argue that because the city relaxed the fire code, they should fall under the new city regulation. Some have said they may retain an attorney and pursue legal action against the city.

In a meeting of the R & R Committee last week, Penthouse owner Phil Petersen said the bar owners were told the bar could not open unless they signed the agreements. Fire Marshal Mike Brown said that per the fire code adopted by the city in 1994 and the 2006 International Fire Code adopted in June 2007, the establishments would have had to install sprinkler systems immediately, prior to opening. He stated that based on the city's new requirement, two establishments fall into a “gray area,” with Two Hills being designated a single-floor occupancy and Apollo's simply changing hands.

Petersen said his bar was an existing establishment at the time the council amended the fire code, only having changed locations but retaining the liquor license. Rollynd Loomis, owner of Apollo's, said he took over the previous liquor license when the bar was known as Baker's Place. Loomis said he feels that he should have been grandfathered in under the amended code, saying he was advised by former City Attorney Matt Brisch he had met three out of four criteria for the exemption, with only the name change requiring the two-year agreement. Loomis said he invested nearly $10,000 into the bar and now is being told he must perform $20,000 more in renovations to get the bar up to code.

Brown said the bar owners were presented with information regarding the fire code, prior to the amendment, detailing their options and ways they could reduce the occupancy load, such as installing dividing firewalls that span to the ceiling. Fourth Ward Councilman Paul Gassman said the adapted code allows all other bars within the city to fall under the new requirements. He said the bar owners were proactive in signing the agreements, at a time when the city was learning and adapting to the fire code, and urged the committee to consider letting the four establishments fall under the same rules applied to all other Clinton bars.

At-Large Councilman and R & R Committee member Mark Vulich said Apollo's appeared to be closest to meeting the new requirements. First Ward Councilman and R & R Committee Chair Bob Soesbe said he would like to see the issue with Apollo's referred to the city administrator for further discussion. The committee approved a motion authorizing City Administrator Gary Boden and City Attorney Paul Walter to look into the agreement signed by Loomis in an attempt to work something out. The discussion ended and no further action was taken by the committee.

The committee then discussed liquor license filing issues. Soesbe said some bar owners are filing for liquor license renewals at the last minute, noting there is no penalty for filing late. He said he feels there should be a penalty for not filing in a timely manner because owners receive adequate notice the renewal date is coming. City Clerk Pat Van Loo said most establishments file within reasonable time frames after receiving 30 days notice of the renewal date. City Treasurer Deb Neels said notice of an impending renewal date also is sent with 90 days notice. Van Loo said that if the renewal application is not received by the city, or the application does not appear on the state Alcohol and Beverages Division Web site, she cannot bring the renewal application before the council unless it is complete. She said some bar owners have advised they experience trouble with the ABD regarding dram shop insurance requirements.

Neels said she has heard from dram shop insurance providers that they are reluctant to issue the insurance too far in advance. Gary Sawyer, co-owner of The Odeon and Club 110, said the carriers will not allow coverage dates to overlap and issue new insurance terms only on the date the previous contract expires. Sawyer urged the city not to penalize a bar owner for something they have no control over. Soesbe reiterated that some owners apply for liquor license renewal at the last possible moment and should be penalized for that. Petersen agreed, saying most bar owners attempt to be timely, and in cases with those who are not, should be penalized. Clinton Police Chief Brian Guy said the late filing applicants are repeat offenders, with only approximately 5 percent of the city's bar owners not filing timely approximately 95 percent of the time. Vulich suggested the city look into what the requirements are of other cities the size of Clinton and what penalties are incurred by filing late.

Finally, the committee discussed the possibility of instituting calendar parking throughout the year. The regulation requires motorists to park on the even-numbered side of the street after midnight on even-numbered days and parking on the odd-numbered side of the street after midnight on odd-numbered days.

Soesbe said he thinks year-round calendar parking would offer the city many benefits, including the potential for thorough street sweeping and a reduction in junk cars. He said the move would take care of vehicle parking problems as infractions would be easy to detect, if vehicles are parked on the wrong side of the street.

Vulich questioned when the parking requirements are enforced. Guy stated officers tend to begin enforcement of calendar parking at 2 a.m. He said the enforcement officially takes place between midnight and 6 a.m. Guy said the city had year-round calendar parking many years ago, but did not have handicap parking exemptions at the time. He said calendar parking can present problems for handicap parked vehicles, where snow plows would bury the vehicles in snow piles.

Guy said the year-round calendar parking also would present an administrative problem for collection. He said 1,400 tickets were issued over four months this past winter, and remarked that if the city were to enforce the program year-round, city officials could expect to see up to 3,000 tickets annually. He said if the city instituted year-round parking, a more comprehensive procedure of processing the tickets would be needed in order to make sure the fines are collected. He said he would not advocate for or against the year-round program but questioned whether the issue would be about aesthetics or public safety.

At-Large Councilman and Committee member Ron Mallicoat said he would like to see the city create a 24-hour parking committee that could help take care of parking issues. He said current regulations allow motorists to move their vehicles when it is convenient for them, noting that calendar parking requires motorists to move their vehicle at a specific time or face a fine.

He said the program is justified in the winter because of street-clearing needs, but said he doesn't feel the program should be instituted year-round. Vulich agreed, saying it would be hard to justify the year-round program to the citizens of Clinton, who may see it as simply a revenue generator for the city.

     

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