A Tacoma bar previously investigated for violating Washington state's COVID restrictions is under scrutiny again for similar allegations.
An American Tavern, located at 744 Market St., appeared to be serving patrons inside last Thursday and Saturday in spite of a statewide order that went into effect Wednesday temporarily pausing indoor service at bars and restaurants, according to neighbors.
Only takeout and outdoor seating is permitted until at least Dec. 14.
The state Liquor and Cannabis Board is currently investigating the bar for a complaint filed on Thursday, Nov. 19, according to spokesperson Julie Graham. The agency previously cited the bar four times in the past two months for violating Safe Start rules for bars and restaurants.
Owner Kyle Bidwell could not be reached for comment, but on his personal Facebook page, which is public, he said Monday the bar would be closed through the end of the year.
In that post, he described steps taken by the government to curb the spread of COVID-19 as "tyranny" and said he feels "sad nowadays for hypocritical hypochondriacs out there who believe in these lockdowns."
In previous Facebook posts, he has expressed a disdain for masks. On Nov. 9, in comparing the regulations intended to preserve public health to alleged drug use "on the streets in front of my tavern with no repercussions," he lamented that "patrons can't sit at my bar, play pool, darts or even stand and talk to each other without my license facing suspension."
The Tacoma Police Department has fielded at least 15 calls about An American Tavern since August.
NEIGHBORS TIRED OF NOISE, HEALTH RISKS
Located on the ground floor of The Bridge Apartments, across from Tacoma's municipal buildings, An American Tavern has for months drawn the ire of neighbors who complain of litter on the sidewalk, vomit in the entryway and frequent noise late into the night — meaning, this fall, well beyond the 10 p.m. and then 11 p.m. cutoff for alcohol service.
Before COVID, they say, the bar was like any other.
A few — who did not want to share their names publicly for fear of retaliation — told The News Tribune that Bidwell opened the bar several times during the spring stay-at-home orders. They said they complained to him about the noise and the health risks involved with large groups gathering without masks.
Last week, they say, Bidwell covered the windows with curtains and that on Thursday and Friday, patrons — some of whom arrived in a small shuttle — would knock on the side door and be let in by an apparent security guard.
POLICE CALLS, COMPLAINTS TO CITY
The police were called about the bar twice on Saturday, Nov. 21.
At 10:30 p.m., an intoxicated sounding male reported he was "upset that he was kicked out of the location," according to police. He said the bar was violating COVID restrictions. After several attempts to reach the caller by phone, a sergeant cleared the case about 20 minutes later.
Then, at 11:17 p.m., another caller reported a kidnapping, saying she had witnessed and had video of a man dragging a crying female into his car. Officers arrived three minutes later, spoke with the caller and watched the video, according to police. They also spoke with the "bouncer at the bar" and other patrons, who explained that the intoxicated woman did not want to leave and that she knew the person who picked her up.
The incident was cleared as a welfare check, the police said. No COVID-19 violations were addressed.
Earlier in the week, officers responded to another call related to the bar.
On Monday, Nov. 16 at 1:08 a.m. — more than three hours past the previous alcohol cutoff of 10 p.m. — a passerby reported a noise complaint, saying that five or six people were fighting inside. An officer arrived a minute later, followed by two more within five minutes. They knocked on the door and called the business, but no one answered, according to the police report. It was cleared as a disorderly fight.
Those police calls followed several incidents earlier this fall that included another fight between two patrons.
Growing weary of the ruckus and running short on options to affect change, neighbors turned to the city this month.
The code compliance team has received one noise complaint, and on Monday the tax and license department filed a complaint.
The city has been advising residents to file COVID-19 violation complaints with the state, said spokesperson Megan Snow, after which the city will contact the business to remind the owner of current regulations and educate if necessary.
In terms of authority over businesses violating governor's orders, which includes COVID-19 regulations, "there are options" in the city code to revoke or suspend a business license, said Snow, "but we have not have not gotten to that point with any business."
LIQUOR BOARD ACTION
The liquor board recently issued two administrative violation notices, meaning the licensee failed to comply with a specific requirement: on Oct. 22 and Nov. 6 for activities disallowed under COVID-19 protocols, according to spokesperson Julie Graham.
"We will continue responding to complaints and collecting evidence from follow-up visits and the LCB will escalate penalties up to the point of seeking an emergency suspension where the agency seeks to suspend then revoke a license permanently," said Graham.
If or when a license is suspended or revoked depends on "many factors," she told The News Tribune, and that there are not "cut and dry limits."
"Is it the same violation? Is it serious? Is it intentional? Are they making an effort to fix things?" she said in an email.
Administrative violation notices are a step above written warnings, of which the agency has filed two against An American Tavern. One was in August for patrons playing pool — then and still a prohibited activity — and the other in October for serving alcohol past the 10 p.m. cutoff.
As The News Tribune reported last month, an inspector with the Liquor and Cannabis Board visited the bar and witnessed a lack of social distancing inside and on the adjacent patio.
The enforcement of Gov. Jay Inslee's Safe Start rules for bars and restaurants has fallen to the liquor board. According to hospitality industry leaders involved in discussions about how to safely reopen for Phase 2 dining, the agency was deemed the most effective arbiter because it has the power to suspend or revoke a business's liquor license.
Local health departments accept complaints, but they create a report to send to the state Department of Health, which, upon a third complaint, would toss the case to the Attorney General's office.
The state DOH told The News Tribune last month that such a complaint would be assigned to the appropriate agency.
Graham said An American Tavern is not alone in repeated COVID violations.
"Thankfully though the vast majority of businesses comply after our first educational visit. Only a small fraction continue to violate the law repeatedly," she told The News Tribune.
WHAT WILL HAPPEN TO AN AMERICAN TAVERN?
When The News Tribune spoke with Bidwell on the phone last month, he argued he was not breaking any laws and that he would appeal any potential action taken by the liquor board.
In the comments of his Nov. 9 Facebook post, a user said she had tried to go to An American Tavern that Saturday night but it was closed.
Bidwell responded: "I had to close it for a few days. I'll be back open this weekend. I have a hearing Thursday for a social distancing violation."
On the Facebook page for An American Tavern, a post from Monday night reads, "Closed till New Year's Eve" with a fingers-crossed emoji. As of Tuesday around 5:30 p.m., according to neighbors, some of the curtains have been removed.
___
(c)2020 The News Tribune (Tacoma, Wash.)
Visit The News Tribune (Tacoma, Wash.) at www.TheNewsTribune.com
Distributed by Tribune Content Agency, LLC.
