Lexington bars can’t open yet. But these places found a loophole. And it’s legal.
Bars, closed since March by Gov. Andy Beshear to fight the spread of COVID-19, can’t reopen until late June. But some have figured out a work-around for that rule: Food.
Beshear allowed restaurants to reopen May 22 with 33 percent of indoor seating plus outdoor seating.
At least five Lexington bars have received permits to allow them to serve food. None of them has a kitchen; instead they are approved to sell pre-packaged food prepared by someone else.
They join some Lexington bars that already host pop-ups and already have food service permits.
The new “restaurants” are legal, but they have to meet the state’s Healthy At Work guidelines for dining spots, such as spacing tables six feet apart, limits on capacity and servers in masks and gloves.
Despite that there was a hiccup over the Memorial Day weekend when a crowd gathered at one new permit holder near the University of Kentucky campus, resulting in a complaint to the health department and a scolding by Beshear.
Bars and taprooms also host food trucks, but that alone isn’t enough to qualify for the loophole, according to Kevin Hall, Lexington-Fayette County Health Department spokesman. To open right now, bars must have the required permits.
“There is a differentiation on their permit designation for actual food service and a ‘alcohol only’ bar,” Hall said in an email. “The major requirement difference would be that facilities with food service have to have a certified food service manager on site at all times of operation and their employees need to have food handler certifications.”
Both the food service manager and handler certifications are available on the health department’s website with online training and testing for a fee.
Here are the new bars-turned-restaurants.
The Paddock
The Paddock Bar & Patio on South Limestone near the University of Kentucky campus, drew unwanted attention after a complaint to the health department about overcrowding over the Memorial Day weekend. A video of the scene, showing patrons standing shoulder to shoulder at the bar and standing around a patio, drew criticism from Beshear.
Beshear said the bar was “taking advantage” of its restaurant license and putting people at risk.
Health department officials on Tuesday met with owner Erick Ostrander to figure out how to handle potential crowds safely.
Ostrander told the Herald-Leader that he and his staff take customer care seriously and servers were wearing masks.
Earlier in May, the Paddock announced a partnership with PriceDinnerClub.com, a meal delivery service, to serve food along with drink kits and bourbon pours for carry out.
Soundbar
Soundbar, also on South Limestone, is a club that ditched its dance floor for dining tables so that they could open up a month early.
General manager Ken Viney said they are serving hot dogs and chips, with a side of safety. All employees are temperature-checked before each shift and wash and sanitize their hands between customer interactions.
“We are not allowing patrons to stand around, and they’re not allowed to go up to the bar. Everyone has to take a seat, and stay at the seat unless they’re going to the restroom, or on their way out the door,” Viney said. “Unlike some of the other places we’re taking all of the regulations very, very seriously.”
Customers are asked to wear masks unless they are at the table, he said, and he and other staff members monitor the social distancing.
Soundbar decided to upgrade because it had the space, Viney said. “We could open with new license, so said why not?”
Molly Brooke’s Irish Bar
Molly Brooke’s Irish Bar, downtown on North Limestone, teamed up with Sam’s Hot Dog Stand next door, to sell hot dogs and drinks to-go from the bar during the shutdown. Now the bar has applied to open with prepackaged food and is awaiting approval of a food service permit. The person who answered the phone at the bar declined to comment.
Bluegrass Tavern
For Sean Ebbitt, owner of Bluegrass Tavern on Cheapside, the decision isn’t made yet. Ebbitt said he got the food service permit in case he decides to open but wants to make sure that he can do it safely for customers.
“I wanted to gauge to see if demand was there, what public opinion was, and how ABC (Kentucky Alcohol Beverage Control) and the health dept were going to do it,” Ebbitt said. “And the cost of doing it was very minimal. And it gives me the option to continue if I find the right thing.”
He’s approached potential food providers but he’s still concerned about potential public perception.
“This is a touchy subject for some people. I don’t want to be hit with backlash,” Ebbitt said. “The crazy thing is in four weeks I’m going to reopen as a regular bar, but this (COVID) will still be around. Looking at the restaurant option just gets you to think about how you’re going to have to implement July 1.”
Centro
Centro, also on Cheapside, also has added a food permit and reopened a month before it would have been able to with alcohol alone. Even though owners Javier and Aimee Lanza have run restaurants, they are sticking with deli sandwiches and chips for Centro.
Centro’s plan mirrors what the Lanza’s are doing with their Garage Bar on Leestown, where they have had a food service permit since opening last year.
They will add food trucks to the mix on weekends, too, Aimee Lanza said.
Best Friend Bar on Euclid has hosted chef pop-ups so the bar brought in chef Tim Perkins for BFB Eats, with carry-out food and drinks only.
This story was originally published May 29, 2020 at 1:53 PM.
