Thursday’s column: In Virginia, why can’t a bar be a bar?
John Markell in his bar. | Photo by Rebecca Barnett
Back in May I told you the story of Roanoke’s self-styled “most honest restaurateur,” John Markell.
The ex-gun shop owner was in a jackpot with the Virginia Alcoholic Beverage Control Board because he didn’t sell enough food at Markell’s Bar & Grill, a humble and smoky watering hole on Williamson Road.
And he wasn’t going to lie and claim he did, like he suspects a lot of his competitors do.
So he went to an ABC hearing in May, without a lawyer, and he told the truth.
Markell explained all the things he was doing to sell more food. He showed them the menu, with $2 grilled-cheese and egg-salad sandwiches, and other items.
But no matter what he did with food, his customers weren’t buying enough. He couldn’t sell at least $4,000 a month worth, as ABC regulations require for places with mixed-drink licenses.
Last week, Markell found out what his honesty would cost him: $1,000 and a 5-day liquor license suspension — provided he coughs up the fine by Aug. 27. If pays later, he’ll get a 10-day liquor license suspension.
Both of those are more severe than the $1,000 fine and 3-day suspension the ABC hit 202 Market with after River Laker did a dumb, impromptu and unapproved strip act there last year. That was ridiculous, too — but nudity is apparently a lesser ABC sin than selling too few sandwiches.
READ THE REST OF THIS COLUMN HERE.
August 2, 2012 - 6:00 AM
This is the perfect example of where the government needs to back up and allow this business owner to make his money.
I wish this topic would gain more traction. The ABC board is one of the long-remaining bureaucratic entities that still seems like it’s being managed by the church.
Our bordering states have much more progressive views and are reaping the financial benefits (in particular DC / Maryland) of our state’s inaction.
And you guys talk about a waste of taxpayer money. How about the number of ABC Agents whose sole responsibility is to troll Twitter and Facebook looking for violators of publishing “happy hour” notices. Their only saving grace is that they likely fine enough establishments through this method to pay for their salaries. This is all at expense of the small business owner.
Oh The Hypocrisy.
Businesses definitely lie on this. I won’t name names, but two particular bars I’ve been to in Blacksburg have an appetizer that runs the same price as a pitcher of beer. A couple years ago I bought 2 pitchers of beer for my table, and my ticket showed 2 appetizers for nachos. When I asked the server about it, she said she ‘goofed’ on the buttons in the system, but that they were the same price so it was ok. At another establishment, the server outright said they had to do that for accounting purposes to keep their ABC license.
I’ve been told so many times since I came here that ” VA doesn’t have bars, it has restaurants” that it makes me think that a good chunk of the population here takes a lot of pride in it. Can’t be a restaurant without food sales.
I don’t see a problem with actual bars…surely as a “small business owner” business-friendly VA should be supporting him.
Dan, for once, I completely agree with you (who would have thought you were anti-regulation).
Apparently many of the draconian ABC laws you discuss have been on the books in Virginia since at least the 1960s. What Mr. Markell is having to go through simply to provide a product to his customers is ridiculous.
Dan, we finally hit common ground. Forwarding to a couple friends in the legislature.
“smoky watering hole” – does that mean he doesn’t enforce the no-smoking laws for restaurants/bars? That could be a food service issue for him. Not many people want to have their food taste like an ashtray.
“I’ve been told so many times since I came here that ” VA doesn’t have bars, it has restaurants” that it makes me think that a good chunk of the population here takes a lot of pride in it. Can’t be a restaurant without food sales.”
Kristen, at the newspaper I hear that from the gun crowd, whenever I have written about guns in bars. A lot of them consider it a great little “gotcha.”
Dan, most of the times I’ve heard it has been on here!
I see where places make accomodations like the one OtherJohn mentions…it’s hard to make a case for lying, but I can see where these places aren’t given much choice. Isnt’ there a place in the world for those who just want to have a beer with their friends? People on diets, or with allergies or whatever might be more comfortable going home to eat.
“Smoky watering hole” – does that mean he doesn’t enforce the no-smoking laws for restaurants/bars? That could be a food service issue for him. Not many people want to have their food taste like an ashtray.
Rick H, fair question. I’ve told John that if he wants to sell more food he should clean up there air in there — and I wrote that in the May column. I felt like I was having an asthma attack when I spent an hour or so in Markell’s back in May. And I don’t have asthma. He has a non-smoking section, separate from the smoking area.
The ABC Board and ABC laws of VA remain a detriment to business. The funky rules that everyone dances around, the Boards use of the rules to attack businesses or groups they do not like. This board is archaic and needs to be removed. If the Governor wants to cut spending, this is the place to start.
Richard,
See we agree on something
12. Indeed!
Really matt…I’d have guessed 1760s.
Arcane approach to out door festivals by the ABC reduce the pleasure quotient for events like FloydFfest, Fiddlefest, Festival in the Park etc . You have to herd up in a “beer garden” atmosphere instead of being able to sit in the comfort of you seat and enjoy a cold beveridge. Supposedly this prevents legal age drinkers from buying alcohol and then giving it to underage drinkers. So a would be offender of under age drinking could do this inside the “beer garden” but not outside. Makes no sense, and it encourages festival goers to simply sneak in alcohol, which hurts sales and profits for the festival. I have friends who just went through Holy you know what dealing with the ABC folks on a fundraising outdoor event. Even the ABC employees they were dealing with told them “I know some of these regs are crazy….that’s just the way it is”.
Kristen,
actually most bars in America in the 1760s would have been a much happier, regulation-free place than they are now.
Why does a state with such strict DUI laws allow bars to serve people alcohol when 90% of those customers are going to walk out of the bar and get behind the wheel?
Call me non committal but I can see both sides of this argument. On one hand this poor guy is trying to make a living and on the other there are citizens in populated areas like Va beach, Roanoke, NOVA, Richmond who would go nuts if there was a “bar” only open on Friday and Saturday nights selling tons of alcohol (ok, no college jokes) and causing a menace.
Maybe he could sell a cracker for 2 bucks and include a 1 cent beer (haven’t been out in a while are beers over 2 bucks?). or maybe the law should be based on the patron’s food purchases instead of sales, then he could provide free food to those imbibing and it might be a “win, win” situation.
Dan
The ABC regs are like all government regs. They grow outdated, but remain because beurocracies establish around them. Changing the regs threatens the job of the government enforcers and they lobby against the change.
This reg is visible so you object. The vast majority of outdated regs are killing businesses, but you just can’t see it.
Will ..
I hope 100 percent of those people leave the bar..
else theyd be keeping 10 percent of them in the cooler..or somewhere!
Seriously…BAC .08 is approx 4 beers..average person burns off
.02 percent in an hour..
100 percent of the people leaving with .04 or even .06
generally should not be a problem….unless they are on their way
to another bar.
Theres a lot of documentation from the mid 1700-s
that showed drinking was a huge issue in the Colonies..
One of the biggest reasons there was a crackdown on drinking
then were many many immigrants (read my ancestors…German and Irish)
wouldnt always work a full day and head to the hop house.
The regulation of that was all about trying to increase
work and productivity…
http://www.history.org/foundation/journal/holiday07/drink.cfm
17. Will – That;s one reason we need public transportation.
Did Mr. Markell not look at the sales history of the previous owner of the business before buying? Comparing food invoices to alcohol invoices would just be good business sense.
joe, wasn’t “hop” slang for opium? It certain was in “You Can’t Win,” by Jack Black, one of my all-time favorite books.
#17 will with a small w asked “Why does a state with such strict DUI laws allow bars to serve people alcohol when 90% of those customers are going to walk out of the bar and get behind the wheel?”
Comment by will — August 2, 2012 @ 2:32 pm
Very good question, will with a small w; in spite the huge economic cost drunk drivers present for our culture, social scientists nevertheless endorse and even encourage the expansion of gin mills, speak easys and flop houses across the old Dominion. Scientific research has proven conclusively that unless more citizens get plastered on at least a bi-weekly basis, sanctimonious asshats like yourself would be unable to successfully mate and your species would eventually die off.
Dan,,
Could have been…
Im a little more versed in the liquid period.
(Love Jack Black..Youtube drunk history, Jack , and Benjamin Franklin)
I was talking though about Hops as in beer..
Strobiles!!
But…I despise overly hoppy beer.
and Dan…Yes…
I guess some people smoke the resin off the cutting blades.
Nothing goes to waste,,,,Im going to retire and sell fish heads.
Google Hops Hash….we-ll work out a trade…”beer” for 2 or 3 heads..
and attention ATF…I have an odd sense of humor.
Steve C – again with the name calling? Thank you! I feel blessed.
Mathew 5:11 “Blessed are you when people insult you, persecute you and falsely say all kinds of evil against you because of me. 12 Rejoice and be glad, because great is your reward in heaven, for in the same way they persecuted the prophets who were before you.
“Mathew 5:11 “Blessed are you when people insult you, persecute you and falsely say all kinds of evil against you because of me. 12 Rejoice and be glad, because great is your reward in heaven, for in the same way they persecuted the prophets who were before you.”
will, you realize that you’ve just canonized the president, right?
joe – I would hope that 10% of the people in the bar are either not over the legal limit OR have sense enough not to drive. As far as your calculations on BAC, good luck with that when the officer pulls you over.
Dan – I doubt President Obama is not insulted, persecuted, or falsely spoken evil of because of Jesus.
Used to love the Little Chef on Williamson Road. Back in the day they had two sections: smoking optional and smoking mandatory.
31.Dan – I doubt President Obama is insulted, persecuted, or falsely spoken evil of because of Jesus or his standing up for his so called Christian faith .
Richard – do you use public transportation?
#33 Come on, will. The right falsely calls him non-Christian all the time.
34. will – I love public transportation. Roanoke need much more.
For our sake, w with a small w, let’s hope everyone you cross paths with is sober.