From Staff Reports 

Buncombe County and Asheville officials recently decided to walk back an idea to require local bars to close by 9 p.m. 

County commissioners’ Chairman Brownie Newman and Asheville Mayor Esther Manheimer confirmed on Aug. 5 “that they were ready to approve a plan that would cut off alcohol service in area restaurants starting at 9 p.m. in an effort to curb the spread of COVID-19,” according to Asheville television station WLOS (News 13) 

However, on Aug. 6, after concerns were raised by the Asheville Independent Restaurants’ board of directors, Newman decided to change direction and said the county and city decided to align with the overall state policy, which is a restaurant curfew on alcohol sales at 11 p.m.

In an email to the AIR’s board, Newman stated:

“Instead, the city and county’s health and law enforcement officials are going to make a concerted effort to increase enforcement of the state and local COVID policies over the weekend and next week in the hopes this can achieve greater compliance with the safety orders. To date, law enforcement has primarily taken the approach of using education and encouragement to seek compliance. While that has worked in many situations, additional enforcement is necessary in some cases.

“Based on this approach, I support the county continuing to align with the overall policy of North Carolina at this time. However, local health official have expressed that if there is widespread non-compliance with safety policies in spite of increased enforcement efforts over the next week, they may need to recommend we require businesses to stop selling alcohol earlier in the evening in the near future.”

News 13 noted that, on the night of Aug. 4, Fletcher Tove, the county’s emergency preparedness director, “made the recommendation to change the curfew to 9 p.m., saying the health department had been receiving complaints about bars that serve food taking advantage of a loophole in the state order that allows restaurants to serve drinks until 11 p.m.”

What’s more, News 13 quoted Tove as saying at a public commissioners’ meeting on Aug. 4, “We’re getting reports of people either not observing social distancing requirements or face cover requirements. One of our main problems now is ‘restaurants,’ which are fundamentally bars, because they can serve, or produce food. They fall under restaurant guidance.” 

Notwithstanding, Jane Anderson, executive director of the Asheville Independent Restaurants, offered the following response:

“We are struggling to survive as it is. Revenue from alcohol sales is helping to keep many of us afloat. Please consider this action may mean many of us have no other choice than to close our doors and layoff our employees. Let’s address the bad actors.Please consider focusing on enforcement of your current rules instead of singling out our industry in a way that may cause many of us to close.”

In his Aug. 6 email, Newman said he remains hopeful that increased enforcement activities will be effective.

In a statement to News 13 on Aug. 6, Anderson noted:

“AIR and it’s many members have put the health and safety of our employees and guests at the forefront since COVID has become a part of all of our daily lives. We are grateful for the consideration by the county in maintaining the alcohol curfew at the state’s mandate of 11:00 p.m.. If there are some folks that are not playing by the rules, then let us work with them and not economically punish the many businesses that are doing a great job.”