Four Dallas-Fort Worth bars are among more than a dozen throughout the state to have their permits suspended by the Texas Alcoholic Beverage Commision for failure to follow Gov. Greg Abbott’s reopening guidelines.
Harris’ House of Heroes in Uptown, Marty’s Live in Oak Lawn, The Cantina Cadillac in Fort Worth and The New PR’s in Fort Worth were hit with a 30-day permit suspension after undercover TABC investigators found them operating above the state’s capacity limits for bars and restaurants over the weekend.
“We warned businesses TABC will have no tolerance for breaking the rules, and now, some bars are paying the price,” TABC Executive Director Bentley Nettles said in a prepared statement. “I hope other establishments will learn from these suspensions.”
According to suspension reports from the TABC, investigators found Harris’ House of Heroes operating over the required 75% capacity for restaurants, and Marty’s Live, The Cantina Cadillac and The New PR’s operating over the required 50% capacity for bars.
The reports said all TABC permit holders were notified on June 15 that failure to follow Abbott’s minimum health and safety protocols would subject them to emergency suspension of their licenses or permits.
A manager at Harris’ House of Heroes declined to comment on the license suspension. Management at Marty’s Live, The Cantina Cadillac and The New PR’s could not be reached for comment. It is unknown if any of the penalized bars and restaurants will remain open during the duration of their 30-day suspensions.
In a statement obtained by the Fort Worth Star-Telegram, a lawyer for the New PR’s called Abbott’s occupancy limits unconstitutional and denied that the Stockyards bar went over the 50% capacity limit.
Chris Porter, a spokesman for TABC, said more than 600 bars and restaurants were visited in an undercover capacity over the weekend as part of the commission’s Operation Safe Open initiative.
“For the first four to six weeks it was really more of an educational outreach on behalf of the TABC just to let people know what the requirements were and what the potential consequences are,” Porter said. “Now, as of this weekend, we’re really moving into the enforcement phase where we are implementing consequences for businesses in violation.”
Bars and restaurants that are licensed through TABC and do not follow the state’s minimum standard health protocols are at risk of having their permits suspended, Porter said. That goes for the outlined capacity limits and social distancing requirements as well as sanitation measures.
“Really what we’re looking for is any violation of the governor’s executive orders related to safe and healthy operations of bars and restaurants that we regulate. For the most part, what that’s going to mean is capacity limits of 75% for restaurants and 50% for bars as well as the social distancing requirements. What we’re trying to ensure is that these places are able to operate but do so safely,” he said.
Establishments that have their permits suspended by TABC are not legally allowed to sell any alcohol for 30 days ― a significant financial gut punch for most bars and restaurants. After those 30 days are up, follow-up investigations of the penalized locations are conducted, and if they are still violating the guidelines, their permits are suspended for an additional 30 days, Porter said.
“That’s a huge impact on their bottom line. It’s a true financial penalty if they are found to be in violation,” he said.
Out of the 600 bars and restaurants that TABC investigated over the weekend, 17 violators were found, which Porter says indicates that, overall, most businesses are aware of and complying with the orders.
“But again, like in any situation where there are a few people who are unable to comply, we have to take further action partially to get them back into compliance, but also kind of as a lesson for other businesses who may be on the path to noncompliance,” he said. “This is a good time for them to take a look at their own practices and make sure they are able to operate as outlined by the governor’s office.”
To report a bar or restaurant in violation of capacity rules, email complaints@tabc.texas.gov, call 512-206–3333, or fill out TABC’s online form here.
