The Commercial Appeal

Directive closing bars sparks confusion

- Jennifer Chandler and Katherine Burgess

So what is the definition of a bar? Some in Shelby County aren’t sure.

Initially, the directive posted online by the Shelby County Health Department on Tuesday said bars that do not serve food and adult entertainm­ent venues must close due to climbing COVID-19 cases. But shortly after 11 p.m.

Tuesday, limited service restaurant­s and clubs were added to the list of businesses that must close.

The Tennessee Alcoholic Beverage Commission defines a limited service restaurant as a restaurant where “the gross revenue from the sale of prepared food is fifty percent (50%) or less. For the purposes of determinin­g the gross revenue from the sale of prepared food, chips, popcorn, pretzels, peanuts and other similar snack items shall not be included in the total of prepared food.”

Dr. Alisa Haushalter, director of the Shelby County Health Department, told Shelby County Commission­ers Wednesday that the change was made after hearing confusion among restaurant and bar owners about the directive.

“What everyone needs to take away is fairly simple, although it may not be simple for bar owners, is if people come into a facility to drink and

socialize, that is not allowed,” Haushalter said. “If people come into a facility to eat, then they can eat, but they also have to social distance and everything else. It is to reduce that really high risk behavior that occurs when people are socializin­g, particular­ly at bars.”

According to the Shelby County Health Department website, “curbside, drive-thru and delivery service may continue by any properly permitted/licensed food service entity so long as all safety measures are followed, and further, these services may continue without the restrictio­n of closing at 10 p.m.”

Some restaurant­s expressed concern because they have been selling more food than alcohol since the pandemic started.

Jeannette Comans said her restaurant, the Blind Bear, did 67% food sales in April. She feels her establishm­ent should be allowed to stay open because her food sales now make up more of her business than they did when she filed for her alcohol license in PRE-COVID-19 times. Others are confused as to whether they should stay open or close.

Joan Carr, spokeswoma­n for the Shelby County Health Department, said in a text that if “less than 50% of their sales are food, then they have to close.”

She did not immediatel­y respond to a question about whether that was current sales or sales when they originally received a limited service license.

The Tennessee Alcoholic Beverage Commission said these restaurant­s could apply for a full service license, but a year’s worth of sales would be examined to see if they qualify.

Wiseacre shut down its tap rooms Tuesday. The owners were hopeful that their taproom room would be exempt since Wiseacre has a “taproom” beverage license so does not technicall­y fall into any of the categories listed on the directive.

But Wiseacre’s tap room, as well as other brewery taprooms through Shelby County, will have to close. The Health Department’s “COVID-19 Frequently Asked Questions and Directives” page states, “Any beer/wine/liquor production portion of a business enterprise may continue to operate, but the onpremises consumptio­n of alcohol, inside or outside, cannot occur at this time. If permitted by state law, any curb-side, drive-thru, or delivery service is permissibl­e.”

When Max Lawhon, owner of Max’s Sports Bar, called the Health Department on Tuesday, he said he was told he would just have to close at midnight each night. “None of us know what we are supposed to do,” he said. “The perthis son on the phone seemed to get irritated I kept asking the same question even though their response was opposite of what the directive said.”

Restaurant­s must close nightly at 10, according to the directive.

Lawhon said he feels like the handful of bars being singled out is not fair. “We haven’t had one case associated with us — employee or customer. We are safer than most restaurant­s because most of our seating is in a large outdoor patio.”

Kate Ashby already was considerin­g closing down the dining room of her wine bar Knifebird due to the rising cases in Memphis. Ashby plans to use closure as a time to expand her takeout menu, offering more boards, including a vegan charcuteri­e board and flights of wine.

“Hopefully people will take this seriously and get us back on track,” Ashby said.

Shelby Co. limited service licenses

*List provided by Tennessee Alcoholic Beverage Commission

Alchemy

Blind Bear

Brewskis Sports Bar & Grill Brookhaven Pub & Grill

Cheers of Millington

Classic Hitz

Classic Soulz

Clicks Billiards

Crosstown Arts

Dan Mcguinness Pub

Dru’s Place

Flying Saucer Draught Emporium Fox & Hound

Hadley’s Pub

Hammer & Ale

Havana Mix Cigars

Indulge lounge

Knifebird

Love

Max’s Sports Bar

Memphis Sports Pub

Mollie Fontaine Lounge

Murphy’s

My Spot

Newby’s

Rec Room

Robert Alan Coletta Sole MBR Rumba Room

Silly Goose

Stage 64 Lounge

Statuz Bar & Grille

TJ Mulligan’s, Cordova

Tavern 018

The Blue Monkey Midtown

The Bluff

The Flying Saucer

The Hi Tone Cafe

The Pocket, LLC

The Pumping Station

TJ Mulligan’s

TJ Mulligan’s, U.S. 64

Truth Night Bar

Whiskey Dicks

WKND

Zebra Lounge

 ?? JENNIFER CHANDLER/THE COMMERCIAL APPEAL ?? The bar at Knifebird in Midtown Memphis.
JENNIFER CHANDLER/THE COMMERCIAL APPEAL The bar at Knifebird in Midtown Memphis.

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