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Council upholds fire department occupancy order and fine for Level 2 nightclub
Summary
Council upheld a Montgomery Fire Rescue overcrowding citation for Level 2 Westside Boulevard after staff counted 223 people inside a business rated for 150; the owner asked for reevaluation of patio counting and said he is willing to pursue remedies.
The Montgomery City Council voted Feb. 4, 2025 to uphold an overcrowding citation and 16-hour closure issued by Montgomery Fire Rescue to Level 2 Westside Boulevard after an inspection found 223 people on the premises, 73 over the rated occupancy of 150.
Fire staff said the official count was 223 people inside the building during an inspection that began about 12:15 a.m. on Feb. 9 and that the occupancy exceeded the limit set by City of Montgomery ordinance No. 35-20203; the citation carried a civil penalty of $50 per person over capacity, which the fire official calculated as $3,650 and gave the owner 90 days to pay. The council motioned to uphold the department's action and recorded a unanimous voice vote.
Marcus McQueen, identified in the meeting as the business owner at Level 2, told the council he had obtained a rated capacity during the 2020 period and had since added patio seating and other changes. McQueen said about 46 people were on the patio during the inspection and that patio egress may be counted differently: "I was only trying to do get compliance... I went in and put new seating in. Patio area fully furnished... The 223, 46 was on the patio. So, technically... 27 was inside." He asked staff to return and reevaluate exit ways and egress so the capacity could be reassessed.
A fire official told the council inspectors and building officials would revisit the site and review the patio and exits but cautioned there was no promise of increasing the rated occupancy without inspection and formal documentation: "We'll have to go out there and actually look at it and see exactly what he does have," the official said.
Council members said the occupancy limit is set for safety and directed staff to reexamine the building's egress and patio configuration as an administrative follow-up; however, the fine and closure were upheld pending any administrative change.
