Dallas bar Bottled Blonde did not break COVID-19 overcrowding rules, say 2 government agencies

Agents from the Texas Alcoholic Beverage Commission (TABC) and from City of Dallas Code Compliance visited Dallas nightclub Bottled Blonde multiple times in the past few weeks and found no violations, according to state and city records obtained by.

The Deep Ellum business had been under investigation after citizens complained. A news story from Fox4 also alleged that Bottled Blonde was “still operating mostly like a bar” even though bars have been forced to close temporarily by Gov. Greg Abbott to help contain the spread of the coronavirus.

But more than 650 bars across Texas have been given the green light to reopen after receiving a food and beverage certificate from TABC, Bottled Blonde included. Katy Trail Ice House in Uptown Dallas, Billy Bob’s Texas in Fort Worth and Texas Live in Arlington are three large-sized venues in Dallas-Fort Worth that have been allowed to reopen during the pandemic.

However, medical experts like these three Texas doctors say North Texans would keep themselves and others safer if they did not mingle indoors at bars.

Bottled Blonde’s problem: ‘Perception is reality’

Dallas Morning News photos from two recent Friday nights show Bottled Blonde with crowds of patrons waiting to get into the bar, some not wearing masks. Mike Massof, the assistant general manager at Bottled Blonde, says the optics — that Bottled Blonde looks busy even though he says it’s following safety protocols — are hurting its reputation.

“That’s been our biggest hurdle,” Massof says. “But, as you know, perception is reality.”

Bottled Blonde has not exceeded the allowed capacity, however, according to Code Compliance’s investigation.

Bottled Blonde is a large venue — 22,000 square feet — and Code Compliance’s notes say the establishment is keeping its occupancy under 50% inside the venue, following the mandate from Gov. Abbott.

City records show Code Compliance visited Bottled Blonde six times between April 15 and Aug. 29, looking to see whether the business was following the governor’s COVID-19 mandates and adhering to the requirement to remain under 50% occupancy. At four of those visits, no violations were found, city records show. At two, the bar was closed.

A separate investigation was launched by TABC, looking for violations of the governor’s order and checking for public safety concerns like customers being over-served alcohol. TABC visited Bottled Blonde four times in late June and July, since the governor shut down bars, and found it closed each time. TABC has not released records with correspondence between the agency and Bottled Blonde, but spokesman Chris Porter confirms that no violations were found and that the investigation is now closed.

TABC has conducted “at least two-dozen inspections” since the bar opened in 2017, Porter says, some of which were undercover operations.

So how can the bar seem to allow in a lot of people and still remain in compliance with state protocols? Bottled Blonde is a spacious place, slightly larger than a Michaels craft store or about twice the size of most Trader Joe’s grocery stores, for comparison. City records show Bottled Blonde’s occupancy at 1,984 people. Under Gov. Abbott’s rulings, the limit is 992 people at 50% capacity.

A count of all the patrons in the establishment on Aug. 29 showed 411 people inside, according to Code Compliance.

Massof says all employees are required to wear masks and that the bar has installed hand sanitizing stations in the bathrooms and on bars. Patrons who are not eating or drinking are asked to wear masks, he says. The security team is instructed to ask customers to mask up if they get up to go to the bathroom and don’t have a face covering.

Masks continue to be required inside all Texas businesses, to comply with Executive Order GA-29. That order also states that anyone eating and drinking or seated at a restaurant can remove his or her mask. The Dallas Morning News observed around midnight on Aug. 28 that about half of Bottled Blonde customers wore masks while in line outside, but very few wore masks inside.

“For being a very popular place, we do have security outside that enforces 6-foot social distancing in line,” Massof says. “You can manage that as much as you can, but it’s very tough to tell people what to do while they’re not inside your establishment.”

How to transition from bar to restaurant

With Bottled Blonde’s food and beverage certificate, issued Aug. 28, it’s now required to sell more food than alcohol — which could be a significant challenge. Bottled Blonde sells more alcohol than nearly any other bar in North Texas. In 2019, Bottled Blonde’s mixed beverage gross receipts averaged $1.1 million each month. During some of those months, Bottled Blonde was the No. 1 highest-grossing bar in the area.

And although Bottled Blonde has had a kitchen since it opened in Deep Ellum in 2017, its TABC classification was as a bar.

Still, Massof says Bottled Blonde is “a full fledged restaurant during the day.” To hit required sales percentages, Bottled Blonde will require bottle-service customers to buy food.

The company is also keeping its kitchen open until 2 a.m. to encourage food sales. It used to close the kitchen at 10 p.m.

The nightclub has re-branded itself as a “pizzeria and beer garden,” according to its website. A video shows servers tossing flour at one another while they make pizzas.

The company also owns a to-go pizza window located on the backside of Bottled Blonde’s building. It isn’t in operation, however.

Why new rules in Texas are helping bars reopen

A set of “emergency amendments” from TABC makes it easier for Texas businesses to reopen during the COVID-19 pandemic.

The amendments state that “many establishments that would have otherwise remained shuttered will be able to reopen and operate in a safe manner due to these amendments.”

The changes “will not only help mitigate the economic crisis in the State of Texas resulting from the COVID-19 disaster, it will also protect the welfare of thousands of members of the regulated industry and their employees who rely upon the income from these establishments to support themselves and their families.”

Bars can apply for a food and beverage certificate, as Bottled Blonde did. Other new rules lift requirements so bars can transition their total revenue to majority food sales, not alcohol sales.

(Many bars do remain closed, however: The governor’s order still stands, which states that businesses that get 51% or more of their revenue from alcohol sales must close temporarily.)

As bars continue to reopen, experts say that customers’ behavior in bars could lead to the spread of COVID-19.

“Bars are a place we go to gather,” says Dr. Erin Carlson, associate clinical professor and director of graduate public health programs at UT-Arlington’s College of Nursing and Health Innovation.

“And unfortunately, gathering is not something that is safe right now, during COVID.”

TABC spokesman Porter says the agency will continue to watch businesses that were previously bars and are now classified as restaurants. Although the investigation into Bottled Blonde is closed, it and other establishments still have to follow the governor’s orders and could be subject to an “increased schedule of inspections,” Porter says.

The responsibility is on both citizens and government agencies to keep watching. Complaints can be filed via email at complaints@tabc.texas.gov, by phone at 888-THE-TABC or on the TABC mobile app.