Council upholds fire department order, affirms fine and orders show-cause for XS Ultra Lounge

The Montgomery City Council unanimously upheld a fire-department finding that XS Ultra Lounge at 3420 Atlanta Highway exceeded its permitted occupancy and affirmed related administrative enforcement on Aug. 19.

District Fire Chief K.R. Peoples told the council that a night inspection on Aug. 23 recorded an official occupant count of 228 in a space with a maximum permitted occupancy of 160, meaning the venue exceeded capacity by 68 people. "The official occupant count was 228 people. He has a max occupancy allowed of 160, so that put him exactly 68 people over," Peoples said.

Representative Eduardo Brown, affiliated with the lounge, disputed the magnitude of the overage and raised concerns about counting methods, including use of multiple clickers and whether patrons in an outdoor smoking area were included in the count. Brown acknowledged the facility might have exceeded capacity by a smaller number but said it was not the scale cited by inspectors. "I'm a person that accepts accountability," Brown said, while also noting differences in counting methods.

After discussion about public-safety risks and discrepancies in counts, a council member moved to uphold the fire department action. The motion to uphold was approved by a unanimous voice vote. Council members then directed staff to issue a show-cause letter to the business and examine video and other evidence cited by council members.

The council also discussed off-duty security arrangements and limits on using law-enforcement personnel from other jurisdictions for private security, clarifying that such contractual arrangements are between the business and the off-duty officer or outside agency.

Outcome: council upheld the fire department closure action and administrative enforcement; staff will send a show-cause letter to XS Ultra Lounge and follow up with notices required by city code.