The City of Kirkland is not able to assign an establishment's occupancy, capacity, or number of customers for the purpose of complying with the limits of allowed activities. The recently announced restrictions are trying to limit the capacity of what an establishment was previously capable of serving and is based on the number of customers and staff that your establishment typically accommodated prior to the COVID-19 shut down.
Example: The International Building Codes as adopted by the State of Washington may determine that a business’s use & occupancy class has a maximum occupant load of up to 50 people. The Means of Egress and Restroom facilities for that business would be designed according to that maximum occupant load, however, the actual business in operation may only have capacity to seat 20 patrons because of exit paths, accessibility and other code requirements. Or, an office space may have a maximum occupancy of 50 people, but actually only has capacity for 10 workstations/individual offices for staff & guests. The limitation percentage given by the Governor needs to be based on (pre-COVID) “capacity” the business was set up for, rather than using the maximum occupant load for a business as defined by State or local Building & Fire codes.