WILMINGTON — It appears the Wilmington Fire Department will not decrease a high fine received by a downtown club owner, despite an appeal from a city councilman.
Last week, Councilman Charlie Rivenbark emailed City Manager Sterling Cheatham to ask if the city could reduce a $14,300 fine for 2nd Base; the Front Street nightclub owned by Atiba Johnson is located in the basement of the Waffle House building at 255 Front Street.
In his email to Cheatham, Rivenbark wrote:
“Attached is a citation from the WFP to Atiba Johnson. I know all of the details surrounding the reason for this and have spoken to the Fire Chief (Buddy Martinette) about further reducing the amount. He told me had gone as far as he was allowed.
“Atiba had no prior warnings or violations and has had none since. He rented his club out to a third party on the night when the overcrowding occurred but understands that the fine is his.
“Is the city able to reduce the fine any at all? That’s a large number for any business to have to swallow.
“I told him that renting out your place of business is not smart and that he should have been on the premises to monitor what was going on. He gets it now.”
‘Egregious’ overcrowding
The fine dates back to an April 15 incident. According to Wilmington Fire Department Chief Buddy Martinette, the over-capacity fines are calculated at $100 per person and the $14,300 was initially almost double, coming in at $23,700.
Martinette explained that Johnson was originally fined a higher amount, based on the occupancy rating of the location under the previous owner.
“The fine was much higher as originally issued as Mr. Johnson was 237 persons over his approved capacity. In effect Mr. Johnson has 336 people in a building that was approved for 99. The 99 persons was the amount listed on the occupancy permit from the previous occupant and Mr. Johnson did not call to have the space reassessed,” Martinette said.
Johnson requested a reevaluation shortly after being notified, which did reduce the fine.
“He appealed his fine and I reduced the amount by the difference he was overcrowded (156) based on his original occupancy (99) and the new occupancy of 180. Additionally, it was determined that 13 persons had been double counted. That made his new overcrowding violation 143 persons and at $100.00 per person the result is a fine of $14,300.00,” Martinette said.
Martinette said the fine was higher than those usually handed out, but warranted by the degree of overcrowding.
“To more fully address your question regarding this being a normal fine it is not. Most establishment owners work very well with both ALE and FMO employees to stay at or under the occupancy. This instance was a very egregious incident that could well have resulted in a catastrophic loss of life had an incident of fire occurred,” Marinette said.
Councilman Rivenbark gets involved
Rivenbark said Johnson approached him about the fine just recently, but the two have known each other for some time. Rivenbark said he knows Johnson through his work with the non-profit O.O.P.S. (Offering Optimistic Plans for Success); Johnson is the executive director of O.O.P.S., which helps local residents get high school diplomas, and also provides mentorship and job coaching.
“I’ve know Atiba a long time through his non-profit,” Rivenbark said. “That’s one of the things I do as a council member – if people come to me with issues, if they’re serious, I try to help them. I’ve been doing it for 17 years.”
Rivenbark said when it came to which issues warranted an intervention, that call was made on a “case by case” basis.
“I contact the city, and get their side of it,” Rivenbark said. “Nothing wrong with trying to solve the issue if we can. It’s a painful fine, not a lot of people just have $14,000 sitting around.”
Rivenbark asks city to reduce fine
Rivenbark first approached Chief Martinette.
“Councilman Rivenbark approached me about the issue to get the facts regarding the incident. It is not unusual for an elected official to inquire as to the nature of an incident if they are approached by a constituent,” Martinette said.
Rivenbark then emailed Cheatham. According to city email records, Cheatham told Rivenbark his office would look into it. Cheatham forwarded Rivenbark’s request to Deputy City Manager Tony Caudle.
Caudle emailed Chief Martinette with an attachment of Johnson’s fine, writing “give me a call when you get a chance.”
According to Martinette, “I spoke with Mr. Caudle this morning as he is my supervisor and I make it a practice to advise him when an elected official contacts me concerning City business.”
Cheatham and Caudle did not directly answer questions, but Wilmington Spokesperson Malissa Talbert said neither had plans to decrease the fine. Talbert added she was uncertain if the City Manager’s office even could reduce the fine without due cause for an appeal.
Martinette confirmed that, as of now, the pending fine for Johnson is still $14,300.
Send comments and tips to Benjamin Schachtman at [email protected], @pcdben on Twitter, and (910) 538-2001.
