What exactly is a bar and what can be open under NC’s COVID rules? It can get murky.
A handful of Raleigh spots opened their doors Friday night, testing what it means to be a bar in North Carolina.
Then on Saturday, seven received non-compliance letters from North Carolina’s Alcohol Law Enforcement agents, effectively shutting them down for violating Gov. Roy Cooper’s Phase Two executive order, which demands that bars stay closed.
The bars that received letters, all around the Glenwood South nightlife area, are Alchemy, Clockwork, Cornerstone Tavern, Dogwood Bar & Eatery, Dram & Draught, Halcyon and PLUS Dueling Piano Bar.
The non-compliance letters sent to the bars said that they could jeopardize their alcohol permits if they continued to operate.
When Cooper moved North Carolina into Phase Two of the state’s coronavirus reopening plan, restaurants could open at half capacity, but bars were ordered to remain closed.
The distinction has proven to be a murky one. In recent weeks, some restaurants have earned the rebuke of the governor and public health officials for operating as bars, exceeding capacity restrictions and ignoring social distancing guidelines.
Meanwhile, bar owners have tried the legislature and the courts as they try to reopen alongside restaurants. All of those efforts have failed.
The bars that opened up Friday night in Raleigh said they were following guidance from the ABC commission, pointing to a May 24 memo that parsed out what it means to be a complying business under Phase Two. The memo said bars that serve food and meet social distancing criteria could be considered “private clubs” and be treated as restaurants under Phase Two.
“In reopening as Private Clubs under the Phase 2 Order on Friday night, the Glenwood South operators did so after carefully studying the Phase 2 Order and all of the legal and other guidance offered by the Governor and ABC,” said attorney Mike Tadych, who represented bars Alchemy and Cornerstone Tavern, in a statement.
Here’s a breakdown of guidance from the ABC commission and how it applies to bars in North Carolina.
What kinds of businesses can serve alcohol under Phase Two?
When restaurants could reopen more than a month ago, that reopened many of the businesses where one can get a drink. Beyond restaurants, brewery taprooms could also open, as could beer bottle shops, wineries, distilleries and some bars that also served food.
What is a bar?
Strictly speaking, there are no bars in North Carolina. There are restaurants and breweries and wine bars and cocktail lounges, but what we think of as bars are private membership clubs, places that serve liquor and mixed drinks, mostly without a food menu.
In North Carolina, the only places that can serve mixed drinks are restaurants and members-only clubs. At restaurants, food has to account for at least 30% of all sales. At clubs, there’s no food requirement. Many bars offer small bar snacks, some run a full kitchen and some don’t even have pretzels.
What does a bar need to do to open during Phase Two?
Essentially, bars have to act like restaurants to open under Phase 2. According to the ABC Commission, to comply with Phase Two, a bar has to meet five benchmarks:
- Limit group sizes to six or less and maintain social distancing.
- Keep guests from commonly touched spaces, like the physical bar and bar games like pool and darts.
- Guests are served at tables spaced out to maintain six feet of distance.
- Capacity is limited to 50% occupancy.
- The bar must have served food to some extent before the coronavirus pandemic and has a health inspection.
Why were the reopened bars shut down?
It’s unclear why the bars felt confident opening Friday, or why they were then shut down by ALE agents Saturday. The ABC memo never guaranteed a bar would be considered compliant if it met the five criteria, only that it had a better shot.
“The following criteria are intended to help determine if a private club business is acting more like a bar or more like a restaurant,” the memo said. “The more these criteria are satisfied by a permittee, the more likely an establishment will be treated as a restaurant that may operate pursuant to (executive order).
When can bars reopen?
Cooper extended Phase Two in North Carolina last week as the state’s coronavirus case counts continued to rise. The extension means that the earliest bars could legally open is July 17, assuming North Carolina’s COVID-19 numbers have improved.
This story was originally published June 29, 2020 at 7:05 PM with the headline "What exactly is a bar and what can be open under NC’s COVID rules? It can get murky.."
