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Multiagency inspections find unapproved living spaces, fire-code problems at Forbidden Llama

Mayor's Code Enforcement Committee · September 12, 2024
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Summary

Police, building and fire officials reported finding occupied apartments on the third floor of the Forbidden Llama and multiple fire-code violations; the liquor commission said it needs evidence of fraud on permit applications to pursue revocation.

Police and city code staff said multiagency inspections of the Forbidden Llama nightclub-restaurant found people living on an unapproved third floor and a range of safety violations that prompted cease-and-desist notices and follow-up enforcement.

Nick, a Police Department officer, said undercover and compliance checks showed the restaurant ‘‘passed liquor inspection’’ but that officers found multiple furnished apartments on the third floor and smoke and CO2 detectors that had been taped over. ‘‘We photographed it, documented it, and then passed it along to code enforcement,’’ Nick said.

Tom, a land-use official, said inspectors verified occupants on the third floor and that the property was being used in a different configuration than the one approved in the floor plan. He said the city issued another round of cease-and-desist notices to the property owner and is pressing the landlord to correct building separations and zoning violations.

Building Department official Dean said inspectors back-carded four apartments and posted them as not safe to occupy because alarms and egress did not meet code. ‘‘Those bedrooms are nonoccupied right now,’’ Dean said, and staff told the manager the units could not be used until proper plans and approvals are submitted.

Fire Department representative Al Lespier said the alarm company repaired first-floor alarm problems and that fire staff found deficiencies that were fixed or scheduled for follow-up testing. Health department staff reported no active health enforcement actions tied to the site.

Officials also discussed possible liquor-permit remedies. Nick said the Liquor Commission advised that it cannot revoke a liquor permit solely because of occupied apartments; it would need evidence of fraud on permit applications to pursue revocation. Nick said liquor staff told him there is a ‘‘revocation of permit obtained by fraud’’ statute they could use if evidence shows applicants misrepresented ownership or other facts to obtain approvals.

The committee agreed to continue interagency coordination. Police, building, fire and land-use staff will share documentation with the Liquor Commission and, if necessary, the state's attorney to pursue any civil or criminal remedies available.

The committee did not vote on additional enforcement actions during the meeting; staff said they would report back as investigations and legal reviews proceed.