Certain DeKalb bars will be able to raise their total occupancy when the weather permits.

Bars and restaurants with outdoor beer gardens have additional square footage once the weather warms up and the beer gardens can open. With additional space, occupancy limits rise.

Chapter 38, Section 26 of the DeKalb Municipal Code addresses the issue of occupancy requirements for bars and restaurants with bars. The code limits one person for each 10 square feet of floor space and one person for each three square feet of a dance floor.

The Municipal Code also applies to the outdoor beer gardens that bars operate during warmer weather.

Since there is a predetermined formula for square feet of floor space, limits can’t and won’t change for the weather for indoor bars or outdoor beer gardens, said Ernie Pinne, DeKalb’s chief building inspector.

Fatty’s Pub & Grill, 1312 W. Lincoln Highway, operates a beer garden.

Fatty’s owner Jeff Dobie has a defined 2,000 square feet outside for a beer garden he opens when the weather is agreeable. With the minimum 10 square feet per person, Dobie estimates the beer garden can hold about 200 people coupled with the 315 people the indoor bar accommodates.

Dobie said he usually opens the beer garden at his discretion during spring or when the weather is nice enough for outdoor gatherings.

Bar owners also need a defined boundary like a fence around a beer garden to define the exact space available to patrons, Pinne said.

Dobie said he never has had a problem with overcrowding in the beer garden. When Fatty’s fills up during football season, Dobie utilizes the beer garden to filter the crowd outside.

“It’s a hassle to have the bar full of people; it compromises all the nice stuff inside that can get broken,” Dobie said.

The Municipal Code Chapter 38 also states occupancy limit signs must be posted inside all licensed bars and in outdoor beer gardens. In addition, all Class C, E and F licensees must post highly visible signs at the bar and at non-bar areas such as entrances.

Routine inspections are made by the fire and police departments to ensure compliance to the posted limits, Pinne said. If a business violates the limit, it can be fined according to the severity of the violation, Pinne added.

“Usually it’s not a big deal. We get complaints maybe five to six times a year. We might just tell the owner that they’re over by 25 to 30 people, and they usually remedy the situation. But if it got real serious, we could shut down the club or bar for the night,” said Reuben Nelson, DeKalb’s assistant fire chief.

Frequent violators usually are fined and can be taken in front of the liquor commission for additional punishment, Nelson added.