Big crowds could dry up at local bars

The recession won’t be the only thing keeping students out of the bars this semester. 

Indiana’s state fire marshall’s office could lower the maximum occupancy limits for five Bloomington bars: the Crazy Horse, the Alley Bar, the Bluebird, Upstairs Pub and Jake’s.

One local owner said such a change could lead to an increase in local drink prices.

The controversy began eight months ago when the Bloomington City Council raised fines for occupancy limit violations, said Patty Mulvihill, an attorney for the city of Bloomington. New occupancy limits were also calculated, and some were cut almost in half.

“The occupancy loads were calculated and were questioned by owners if it was the correct load,” Mulvihill said. “The local government then went to the state for guidance.”

Occupancy limits are not easily calculated, said Mulvihill. According to state law, all public buildings must be assessed for a maximum occupancy. Bars, taverns and restaurants are all included in the same category and are subject to the same restrictions. Each establishment is held to the code of the year when it was opened.

“The code to be followed is based on when the establishment became a bar or tavern, so if it became one in 1962, it would follow the code from 1962,” Mulvihill said.

If the bar expanded any time after that, it is then subject to the code of the year it was expanded.

Bluebird owner Dave Kubiak said the drop in the limit shocked him. He said his limit was reduced by more than 150 people.

“Some places asked for a more accurate assessment,” he said. “We did not expect it to go down.”

Bar owners filed an appeal in response to the decision that led to a temporary reprieve of the order on Dec. 30.

They also hired their own architect to make an independent assessment with hopes of keeping the higher limits, Kubiak said.

Kubiak said he will comply with the limits, but his goal is to have a fair assessment. He said he believed Bloomington has stricter limits than other cities.

“I understand that they are trying to make the city safe,” Kubiak said. “All we are asking for is an accurate occupant load similar to other cities around the state.”

Bloomington Fire Chief Roger Kerr said fire is not the only overcrowding concern. Even if occupancy limits are followed, some situations can still be dangerous.

“With large crowds, there is always a risk of panic,” which could cause serious injury, Kerr said.

The Bloomington Fire Department checks the bars regularly and fines to establishments found breaking the rules, Kerr said.

Lowering the occupancy limits will likely affect the businesses’ profits. Cover charges are used to pay the bands, and with less people, Kubiak will have to pay lower rates. Drink prices could also jump.

“We will have to make judgments based on supply and demand,” he said. “Prices may potentially rise.”

The final decision will be made by the state fire marshall’s office after a second inspection Jan. 16, Mulvihill said.

Mulvihill said it is not a business issue, but a safety concern.

“The fire department is not looking for profits,” Mulvihill said. “It is looking to see how many people can fit safely in a building.”