indeed we are

siu can u please relax


On Sat, Mar 30, 2013 at 2:57 PM, Justin Lacko <[email protected]> wrote:

> *I'm* surprised we're bringing this all up again.
>
> We should take the "don't care" attitude. It's simple.
> No occupancy permit? --> Don't care.
>
> The fact is, many places throughout the city operate on a daily basis
> without an occupancy permit in varying degrees. Republic downstairs from us
> have no occupancy permit, yet they are a legitimate business moving 6
> figures of dollars through their business yearly. And, they have beer in
> the fridge.
> cre8ery has no occupancy permit or liquor licence, yet they continue to
> operate and even hold events with wine for sale. Despite public advertising
> of their events, they have not been shut down by undercover visiting
> inspectors (although maybe they're just lucky).
>
> I have already done the research into what it would take to get an
> occupancy permit and frankly, it's not worth it. We also don't need it.
> Let's stop caring and just fix what needs to be fixed, that makes sense to
> be fixed.
>
> We seem to live in this constant hushed fear of being shut down, when
> really we should just have the "don't care" attitude, because it's not
> going to happen. The organization can officially state their intentions of
> needing to keep things legit, which should be encouraged.
>
> When it comes down to it, don't do stupid things like run unsheathed 120V
> wire through a sink, or invite passing-by fire inspectors up for an
> unofficial drink.
>
> Let's all recognize that we're on the path to fixing open issues and
> improving the space.
>
>
> On 30 March 2013 01:16, Roswyne <[email protected]> wrote:
>
>> Well, those are good points.
>>
>> However, despite our good intentions, we've already made a lot of
>> improvements that aren't officially to code.
>>
>> I'm  surprised that running Ethernet cables is being seen as more
>> important to do "by the book" than say the electronic door lock.
>>
>> We simply don't have the money to hire people to do everything... And so
>> if we're willing to do it ourselves, we should use good judgement in
>> determining how far we're willing to go to comply with a code we're already
>> violating.
>>  On 29/03/13 10:26 PM, Roswyne wrote:
>>
>>> Not really.  I see no reason to think we have any active intention of
>>> getting an occupancy permit, so it really makes no practical difference.
>>>
>>
>> I meant it sucks in general, not just for us.
>>
>> Though, it does suck a little for us even without the occupancy permit.
>> On top of the slap on the wrist if were caught occupying without a permit,
>> there's also the slight chance of being slapped again on the wrist if such
>> events lead to unlicensed installation being a verdict.
>>
>>  But really, all the occupancy permit gives us is the right to
>>> potentially hold a dozen events per year at the space where we can
>>> legally sell and consume alcohol. So what.
>>>
>>
>> I'd put it a little more precisely, an occupancy permit gives us the
>> right to occupy the unit, which is a prerequisite to obtaining liquor
>> licenses. There are other benefits to having the a permit to occupy on it's
>> own:
>>
>>  * The penalty for being caught occupying without a permit may typically
>> be a slap on the wrist, but with that could also come orders to make costly
>> alterations at an inconvenient moment, and potentially if the process
>> wasn't going well, an order to cease occupying until requirements for
>> occupation are met
>>
>>  * Lack of permit is leverage for a landlord who wants to break a lease
>> in order to renegotiate, sell the property to someone else who wants to
>> renegotiate, or sell the property to someone who wants to obtain the
>> property minus tenants due to redevelopment plans or plans to use it for
>> themselves.
>>
>> * Insurance companies have to be tough-ass to stay in business. (or else
>> people take advantage of them) Don't count out the possibility of them
>> investigating and being assholes if it suites their interest to dispute a
>> claim by pointing to the lack of occupancy permit.
>>
>> * Uncertain liability for board members. Yes, it's hard to hold board
>> members legally responsible for stuff, and occupancy perhaps are probably
>> an unlikely area for that (compared to say, failure to file tax returns),
>> but there certainly are circumstances where the corporate wall can be
>> breached -- that's why we buy insurance covering the conduct of our board
>> members. Again, don't rule out the potential of insurance companies to
>> dispute a claim. I wouldn't rule out the possibility of there being clauses
>> in the policy that make a distinction between board member conduct being
>> unintentionally ignorant vs intentionally ignorant vs willfully in
>> violation of the law. Every insurance policy has limits.
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