Private membership bars are being told they can no longer operate as bars, leaving their owners debating how to move forward. ABC officers visited private bars establishments across the city yesterday informing them that they could not be open during the phase two extension. The visits were first reported by alt-weekly QC Nerve. ALE agents clarified to at least one establishment they simply can not sell liquor, and Friday evening, sources shared local law authorities would likely not be enforcing the rule. We spoke to Kevin Stone, Director of Law Enforcement  for the Mecklenburg County ABC Board, who said his agency will not at this time. 

A bar that makes up less than 30 percent of its sales from food must apply for a private bar liquor license; its membership requirement is the reason you see sign-in sheets at the doors of bars like Petra’s. The city’s top cocktail bars are all private clubs, including The Crunkleton, Dot Dot Dot, and Idlewild. 

Speaking to Unpretentious Palate anonymously for fear of retribution from ALE, one bar owner says they will continue to operate until a state officer tells them they can no longer remain open. After 11 weeks of operation, the enforcement — heading into a weekend, nonetheless — seems to have come out of nowhere. There remains confusion about the law — specifically, whether these establishments can remain open if they stop selling liquor or must close entirely. Most, however, were under the impression they must forfeit their private bar mixed beverage license or close. 

Bar owners will be given the option to expedite a transfer their liquor licenses to restaurant mixed beverage licenses, though that would mean they will have to significantly alter their sales numbers in order to prevent fines, as well as adhere to a much more strict inspection process. In another off-the-record interview, one bar employee says their establishment will likely pursue that route.

There was confusion from the start of phase two about whether private bars were allowed to operate. One of the defining factors according to the order was that a place must serve food, indicating private establishments may open if they serve a full menu, though it also states membership clubs are bars. The contradictory statements led many to decide to open, and they were able to do so with no issues for months. 

Kara Taddeo, owner of VGBG, shared the following on social media after an officer visited the popular Music Factory spot: “All private clubs, with or without kitchens, must cease operating. No public announcements, no paper explanations, just a walk through the door from an officer saying shut your doors.” See her full statement here.

Stefan Huebner, owner of Dot Dot Dot, has spent thousands of dollars on PPE for his staff and received a truck full of perishables for this weekend’s service before being told they are required to stop liquor sales. The bar has been following all protocol suggested by the state’s Count on Me NC initiative, including limiting seating, socially distancing tables, and enhanced sanitization. He says he has reached out to the state ABC Commission for clarification, but hasn’t had luck getting answers. According to Huebner, he was offered the chance to turn in his liquor license for a beer and wine license, which would allow him to operate at the same capacity, just with different alcohol in guests’ glasses. Taddeo says a beer and wine-only license was also suggested to her. 

“I like to think of myself as the ray of sunshine and rainbows positivity,” Huebner says. “But this is — this is just wrong.”

Huebner says he is waiting to hear back from Dot’s lawyers about how to proceed. He hopes his bar, which has seen no Covid-19 cases and has gone above what’s recommended, will be an example of why establishments like his should be given the chance to safely remain open. 

“Part of me wants to lock up shop and go hide under a rock and just come out when this is all over,” he says. “But I’ve got to fight for my 10 employees who can’t live on $350 a week when they go back on unemployment. They’re not making the money they made when we were open fully, but at least they are making enough money to live.” 

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