is currently zoned for mercantile occupancy. I went out April 9 and there was a
couple subsequent visits from Tobacco. I did the inspection and met with the property
owner and one employee. Requested entry into the basement and was accompanied
by Sargent Arndtson. I observed everything that lead me to believe it is in use as
some type of night club or entertainment venue. St. Paul Police Department had
photos showing red stations stored. I observed a “dancing pole”, lounge chairs,
tables and chairs, evidence of hookah use, alcohol in a visible fridge with glass front,
DJ equipment, desk for podcasting. Occupant load would require a second exit base
don square footage. I met with appellant and told him of the safety concerns and
about the code analysis requirement but any events or parties need to immediately
cease until it is brought up to code. They stopped into our office to discuss and was
very cooperative and understanding and advised of the right to appeal. Received full
cooperation and hospitality on site.
Moermond: tell me more about what is allowed in a mercantile space vs. assembly.
Neis: exactly, mercantile use have very different code requirements. Before we can
enforce codes we have to know the property occupancy type. The occupancy load
for a store is much less than an assembly, so different codes come into place such
as number of exists, door swings, possibly fire or sprinkler system, exit lighting,
emergency lighting, perhaps even ADA accessibility issues. The list can go on and
on. Thus, why a code analysis is required.
Moermond: mercantile versus office for operating a business. Professional versus
sales business.
Neis: occupant load as a general. Mercantile occupant load is 60 gross square feet
per 1 occupant. That’s quite a bit of space. For assembly that occupant load factor
can go almost down to 7, nearly a 10:1 ratio. So a 600 square foot mercantile space
max people is 6, but a 600 square foot assembly space you could increase to as high
as 85. That’s why you have to know which codes to apply and proper occupancy. I’m
sure we can all agree six people in a basement with one exit is must different than 85
people evacuating in an emergency.
Moermond: sounds like you have a podcast situation?
Andrew: Dedicated Dance for Life nonprofit and podcast space. I usually use it for
that. I didn’t think I was doing anything wrong, but I admitted to having an dance there
was about 10 people there when the St. Paul Police Department came. I do use the
red rope to separate it from my convenience store. The party was maybe a little over
but it is generally used for my nonprofit and podcast. He said I can keep that, but I
have to remove the tables and the pool table, and I already took the pole down. I
never used it for a party or night club, it was strictly for my staff. The day the police
came they said someone called a report of a burglary. I got the police report and it
said there was a report of a guys creaming, it was my brother who didn’t let them in. I
do keep a few beers in my fridge, but there was no hard liquor. We basically use it for
my nonprofit. We never threw any parties or charged anyone to get in.
Moermond: is there any kind of gathering other than Dedicated Dads?
Andrew: no, other than my podcast. I may have one or 2 guests. I have cordless mics
and sometimes we shoot pool.
Neis: the big challenge with the fire code, unfortunately the fire code doesn’t dictate
how many people can be down there by limiting it to what an owner agrees too. It is
strictly square footage. Even if it is only 10 people code requires you to
accommodate that people. Also, unless you have a liquor license, you can’t have it
there even if it is for personal use on a podcast. If things are set up traditionally,
where it could be used as an assembly, the other challenge is if the gentleman