AUSTIN, Texas -- More than a dozen Texas bars had their liquor licenses suspended following a weekend of undercover operations conducted by the Texas Alcoholic Beverage Commission in what the agency referred to as “Operation Safe Open.”

Austin Talley, operator of Whiskey Tango Foxtrot Icehouse on W. Sixth Street in Austin, was quick to point out the sign posted outside the bar indicating new rules and protocols related to COVID-19. Those guidelines included temperature taking and seating requirements. 

But Talley’s bar was one of 17 drinking establishments to have its liquor license suspended for 30 days, after TABC agents found the bar to be in violation of Gov. Greg Abbott’s executive order on customer capacity limits and social distancing.

TABC agents came to the bar on Saturday night, according to Talley. He said he spoke with the agents after a door employee had screened them prior to entry. 

“We even asked the TABC, said, 'If there’s something that we need fixed right now, let us know,'” recalled Talley. “They’re like, ‘You guys are good.’ And so that’s why I’m a little taken aback.”

According to Talley, Whiskey Tango Foxtrot Icehouse wasn’t serving patrons inside where capacity guidelines are required to be enforced; rather, their business was relegated to their patio. Talley said the number of people on the patio was well below the patio’s 329-person capacity.

“By their count, he went around the bar, showed us their count and we got it all on camera. I’ve got more cameras than a casino. It said 161,” said Talley.

 

An image of the notice from Whiskey Tango Foxtrot Icehouse to the Texas Alcoholic Beverage Commission requesting a hearing about the 30-day liquor license suspension it received (Courtesy: Austin Talley)

Spectrum News wasn’t allowed to view the security footage from the TABC visit, with Talley citing the case being appealed as the reason. He did, however, show us the pile of bills the bar is now left to pay without a reliable source of income.

“I guess we can continue being a live music venue with no beverage. We could serve non-alcoholic beverage,” joked Talley. 

The bar owner and veteran said TABC is “intentionally stifling” his business.

“I mean just one day, its minimum is $8,000, it’s costing me on a weekend,” said Talley.

In a statement released to Spectrum News, TABC said it maintains its position:

“TABC stands by its action temporarily suspending the permit of Whisky Tango Foxtrot. TABC announced to businesses statewide on June 15 that there would be no tolerance for violations of the Governor’s executive orders, and unfortunately now some businesses are paying the price.

"This action serves as a notice to other bars and restaurants across the state. Now is the opportunity to examine practices at your business and correct any issues before there are additional penalties in the future.”

Talley said he’s looking to play by the rules, but feels like the cards are stacked against him. 

“Why don’t you have a conversation with us that’s more open?” questioned Talley.

Talley hopes to work with the state to clear up any confusion and get his bar back to serving up live music and drinks.