AUSTIN (KXAN) — Texas Alcoholic Beverage Commission undercover agents will be out in full force starting Thursday night through Sunday for the second weekend of Operation Safe Open. It’s an effort by the agency to ensure businesses are following COVID-19 health guidelines.
Last weekend, TABC agents visited 600 businesses across the state with fewer than 20 bars and restaurants receiving violations. In Austin, four bars received violations causing a suspension of the establishments’ liquor licenses for 30 days.
Whiskey Tango Foxtrot Icehouse’s Operations Manager Austin Talley filed an appeal on Monday and is waiting on a hearing date. The agency has 10 days to set it up.
Talley said he’s confused as to why he received a violation after he claims an agent told him in-person Friday night he was not in violation of COVID-19 guidelines.
“We felt extremely disappointed to find out when (agent) left our bar at 12:08 a.m. Saturday and KXAN reported at 7:30, 7:35 a.m. (Saturday) we had lost our liquor license,” Talley explained. “We were like, ‘How did they first found out before we did?’”
However, TABC officials said that is not the case.
“This operation involves undercover agents and undercover teams do not make contact with business owners,” Chris Porter, the agency’s public information officer said. He said agents will gather evidence to review, “because this is a 30-day suspension as opposed to a kind of a slap on the wrist we want to be certain we have the evidence that we need to show a true violation.”
Then, TABC officials said they’ll contact the business owner the next day to notify them of the violation.
Talley said the photos the TABC agent took at the entrance of the bar do not reflect what the crowd inside looked like that night where he said social distancing was being practiced. Talley said he’s ready to settle the issue.
“We will see how the hearing goes,” he said. “We don’t want to see TABC crucified — let’s have a partnership.”
TABC officials said hearings are automatically granted for each business. A judge can affirm, modify or set aside a suspension order that could lead to a dismissal. If a business owner or the agency does not agree with a ruling, either party can appeal the decision to a state district court.
Talley tells KXAN if he has to remain closed for the next 30 days due to his liquor license being suspended, he estimates the bar could lose up to $500,000 in revenue.
Operation Safe Open kicked off after TABC officials said they spent nearly six weeks on outreach efforts, educating businesses. Agency leaders are asking people who have concerns to email them at complaints@tabc.texas.gov, call 1-888-THE-TABC or send a tip through the TABC mobile application.
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