Directive closing bars sparks confusion
So what is the definition 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 defines a limited service restaurant as a restaurant where “the gross revenue from the sale of prepared food is fifty 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 filed 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, offering more boards, including a vegan charcuterie board and flights 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