August 29, 2020
Alcohol enforcement agencies release statement following joint meeting
ALE, ABC, and CMPD pledge to work together
The Alcohol Law Enforcement (ALE), Alcohol Beverage Control (ABC) Law Enforcement, and Charlotte-Mecklenburg Police Department (CMPD) released their much-anticipated statement surrounding the enforcement of restrictions to bar and restaurants under phase two of the state’s reopening plan, but did not clarify directly some of the biggest points of confusion. The purpose of the meeting on Friday afternoon was to ensure the three agencies had the same messaging surrounding Covid-19 limitations.
There has been confusion from the release of the state’s executive order moving into phase two of the reopening plan, specifically whether private bars may remain open if they act as a restaurant. The resulting statement didn’t clarify restaurants’ biggest questions specifically, but stated that enforcement would focus on overcrowding and establishments that don’t appear to be following strict sanitation and health guidelines.
The purpose of the meeting was to “delineate coordination and communication on matters of enforcement between the three units, identify needed points of clarity, and from whom, and identify any key messages for communication to bar/restaurant owner operators and the general public.”
The question of whether private bars that act as restaurants could remain open was not addressed directly, nor was whether restaurants can seat diners are bars. However, the statement does mention Mecklenburg County’s joint proclamation as remaining in place.
“The ABC agencies want to emphasize that this is about social distancing. The local ABC enforcement agencies are focusing on the overcrowding of establishments that present the COVID-19 risk. Their purpose in enforcement is not to penalize anyone, but instead to keep crowds from forming which contribute to the spread of COVID-19 and negatively impact the public health and safety of the community.”
There will be some streamlined communication going forward. ABC officers will respond to violations of an order by educating the business on the current ordinances, and relay the violation to the other two enforcement agencies. According to the release, ABC law enforcement is not authorized to shut down establishments. “A warning, violation, and/or citation could potentially be issued to the permit holder for non-compliance” to those ordinances following education on them.
A representative from each agency will work together on enforcement going forward to help create continuity in enforcement through agencies. We asked for clarification on whether the representatives from each agency would provide further information on what is allowed under the existing orders, and were told “the three ABC agency representatives will work together to educate establishments and take enforcement action when necessary.” As written, the release does not interpret the executive order or proclamation, but does seem to indicate restaurants that are keeping health and safety of their guests as a top priority will not be the focus of enforcement.
“We recently heard from some of our ABC permittees who are frustrated with the devastating impact to their business and worker’s livelihoods when non-compliant establishments require authorities to impose more restrictive measures that further compound business hardships on those who are in compliance,” Kevin Stone, ABC Law Enforcement Chief, said in the statement. “We are now going to take a stronger enforcement stance to support the law abiding businesses so they can open their doors sooner. Our goal is to partner with permitted establishments to ensure responsible selling that reduces public health and safety risks in our community.”
See the full text of the statement below.
Yesterday, with support from both the Mecklenburg County Health Department and State’s NC ALE division, local ABC law enforcement agencies, Mecklenburg County ABC Law Enforcement and CMPD ABC Unit, met to form a joint cooperative understanding and coordinated effort with the goals to:
- Clearly delineate coordination and communication on matters of enforcement between the three units
- Identify needed points of clarity, and from whom
- Identify any key messages for communication to bar/restaurant owner operators and the
general public
Key agreements were:
- All ABC agencies want to build public trust with the establishments and community members.
- Each ABC agency has designated a representative to work together on these enforcement matters.
- The ABC agencies want to emphasize that this is about social distancing. The local ABC enforcement agencies are focusing on the overcrowding of establishments that present the COVID-19 risk. Their purpose in enforcement is not to penalize anyone, but instead to keep crowds from forming which contribute to the spread of COVID-19 and negatively impact the public health and safety of the community.
- The two local ABC enforcing agencies are working together to educate and enforce the NC regulations, Governor Cooper’s executive orders, and, the Mecklenburg County joint proclamation in place.
- The local ABC enforcement agencies, will be focused on the repeat problem locations that have been identified by public concerns.
- For education, the ABC agencies will refer to Governor Cooper’s order for the guidance that has been provided for this crisis.
- As part of their collective stepped up focused enforcement effort, when an ABC permit holder has been identified in violation of the ordinances, an ABC officer’s first step is to educate the business on the specifics of the ordinances and advise them how they are out of compliance. This information then will be shared in partnership between Mecklenburg County ABC Board Law Enforcement, ALE and CMPD ABC units. ABC law enforcement agencies are not authorized to close down establishments. Should the business fail to adhere to the ordinance requirements, a warning, violation, and/or citation could potentially be issued to the permit holder for non-compliance.
Kevin Stone, ABC Law Enforcement Chief, said, “We recently heard from some of our ABC permittees who are frustrated with the devastating impact to their business and worker’s livelihoods when non-compliant establishments require authorities to impose more restrictive measures that further compound business hardships on those who are in compliance. We are now going to take a stronger enforcement stance to support the law abiding businesses so they can open their doors sooner. Our goal is to partner with permitted establishments to ensure responsible selling that reduces public health and safety risks in our community.”
Both the Mecklenburg County ABC Board ABC Law Enforcement Division and CMPD ABC Unit want to further emphasize to the public that, they too, play an equally important role in reducing COVID-19 by adhering to the guidelines so that these establishments CAN stay open.
“The ordinances are in affect and we all have a responsibility to honor the terms of the ordinances. In addition to these ABC officer’s joint cooperative work with permit holders, each individual customer can and should participate in helping business owners not be in violation by complying with protocols and guidelines established to prevent the spread of COVD-19,” Keva Walton, CEO, stated.
