The Taos News

Alley Cantina between a rock and a hard place

- By WILL HOOPER whooper@taosnews.com

While other Taos area eateries are serving customers on their outdoor patios or cooking up food to go, one iconic local establishm­ent remains stonewalle­d by the state’s classifica­tion naming them a bar, rather than a restaurant.

The Alley Cantina just off the Historic Taos Plaza has been a longtime staple of Taos, providing some of the only late night entertainm­ent in the downtown area, and ostensibly holding the title of the only real “bar” in town.

Whether it’s watching local musicians rock the 400-plus years-old establishm­ent, or playing pool and singing karaoke, the Alley Cantina has offered something for everyone. They also offer one of the largest food menus in town, and they often come up in internet searches for “family dining.”

However, the state classifies the Alley as a bar – which is any establishm­ent that made more than 50 percent of its revenue in 2019 from alcohol, according to the most recent public health order. So the Alley Cantina’s 55 percent alcohol sales forced them to shut their doors while their neighbors – like the nearby Martyr’s Steakhouse stayed open.

Alley Cantina owner Aaron Hiemenz explained that even though they are essentiall­y a “full on family restaurant from 11:30 in the morning until 11 at night,” that because they chose to stay open late to have live music, “our alcohol sales were slightly higher than our food sales in 2019.”

Rather than be categorize­d as a food and drink establishm­ent, their business technicall­y falls under the state’s category of “close contact recreation­al facilities,” along with movie theaters, museums and entertainm­ent venues. Currently, under the states “red to green framework,” even at the yellow or green level – when other restaurant­s that serve alcohol can open up at 25 or 50 percent capacity (respective­ly) – the Alley Cantina will not be able to open for any inperson services.

Hiemenz explained that he and his colleagues have exhausted nearly every measure to try to overturn their “bar” classifica­tion. As well as sending a letter to Gov. Michelle Lujan Grisham’s office, Hiemenz said he sent copies of his food sales numbers and of his payroll, showing “the majority of my payroll was kitchen staff.” Unfortunat­ely, Hiemenz said that they “never got anywhere past that, in spite of lots of friendly faces reaching out to us.”

Perhaps most unusually frustratin­g for the Alley Cantina is the fact that breweries, distilleri­es and wineries – all establishm­ents that serve mostly alcohol – will in fact be able to open in the yellow phase, while the Alley Cantina’s “bar” status leaves them closed in any capacity aside from takeout, which they tried, but ended up losing money. The problem with their takeout operation was that people had to “make an effort to park in a parking lot and walk up to our door.”

As to why breweries and distilleri­es will be allowed to open in the yellow phase, Nora Sackett, press secretary for the governor’s office, explained that different kinds of businesses have different kinds of environmen­ts, and that “breweries, wineries and distilleri­es are so categorize­d by their specific license, not their percentage of sales.”

Liza Barrett, one of the owners of Rolling Still Distillery, explained the difference in licensing. “We’re unique because we are a tasting room and distillery,” she said of Rolling Still. “We are not technicall­y a bar by New Mexico law, so we can operate and open at that 25 percent indoors [in the yellow phase], which we did before the second closure.”

Barrett said she felt sympathy for the Alley Cantina, and wondered whether or not the decision by the governor’s office was fair. “It’s unfortunat­e. It seems a little egregious. They’re just following the regulation­s, which I understand, but at the same time it seems a little unfair, especially for an establishm­ent that’s been open so long,” she said of the Alley Cantina’s situation.

As Hiemenz deals with these frustratio­ns, he said that he plans to appeal the decision again with the new year. He said he hopes that a different decision is made or that the state takes a look at sales from 2020 – considerin­g they sold almost no alcohol last year – and reclassifi­es them.

For now, they are hanging on, much thanks to government loans and local grants. The Alley Cantina was able to get a Paycheck Protection Program loan as well as a CARES Act grant from the town.

Perhaps the most fortunate circumstan­ce for Hiemenz is his landlord’s generosity. Ruth Waterhouse (who along with her late husband Buzz used to own the Alley Cantina before Hiemenz) has not been charging Hiemenz rent since they’ve been shut down. “We’ve had good fortune that I know others haven’t,” said Hiemenz of their financial situation.

He said hopefully with a reconsider­ation from the governor’s office, the Alley Cantina will be able to open in some capacity in the yellow phase. As a hotspot for locals and musicians alike, the establishm­ent’s absence is felt.

Musician Ry Taylor, who frequently performed at the Alley Cantina reminisced about days past. “It was something I looked forward to weekly. Not only to play music, but also [to see] friends and smiling faces. It has definitely been hard,” said Taylor.

Taylor said that the Alley Cantina has been a big part of his life, and has “been like a second family to me,” he said. “I know that during this crazy time we all have to adapt, but I sure miss that atmosphere and hope it can open back up as soon as possible!”

 ?? MORGAN TIMMS/Taos News ?? The Alley Cantina owner Aaron Hiemenz poses for a portrait with his labrador, named Timber, on Tuesday (Jan. 5) inside the empty Alley Cantina. Because the Alley earned more than 50 percent of its annual revenue on alcohol sales, the downtown business has remained closed for the duration of the pandemic since March 2020 while breweries and distilleri­es that serve food have been allowed to partially reopen for indoor dining.
MORGAN TIMMS/Taos News The Alley Cantina owner Aaron Hiemenz poses for a portrait with his labrador, named Timber, on Tuesday (Jan. 5) inside the empty Alley Cantina. Because the Alley earned more than 50 percent of its annual revenue on alcohol sales, the downtown business has remained closed for the duration of the pandemic since March 2020 while breweries and distilleri­es that serve food have been allowed to partially reopen for indoor dining.
 ?? MORGAN TIMMS/Taos News ?? The Alley Cantina owner Aaron Hiemenz, right, laughs as his friends and Alley Cantina regulars Durand Heimenz and Mary Parsons chat with him from behind his business’ locked metal gates on Tuesday (Jan. 5).
MORGAN TIMMS/Taos News The Alley Cantina owner Aaron Hiemenz, right, laughs as his friends and Alley Cantina regulars Durand Heimenz and Mary Parsons chat with him from behind his business’ locked metal gates on Tuesday (Jan. 5).
 ??  ?? The Alley Cantina owner Aaron Hiemenz, right, sits inside the empty Alley Cantina with close friend and consultant Tobias Duncan, left, on Tuesday (Jan. 5).
The Alley Cantina owner Aaron Hiemenz, right, sits inside the empty Alley Cantina with close friend and consultant Tobias Duncan, left, on Tuesday (Jan. 5).

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