Chelsea’s owner to continue live music despite ATC citations

The show will go on at Chelsea’s Café, despite a raid last week to shut down its live music and cover charge after 10 p.m.

The state Office of Alcohol and Tobacco Control sent 10 armed agents with flashlights and handcuffs into the local restaurant Thursday night to check patrons’ identifications. The agents cited the restaurant with “improper conduct on premises” and “failure to maintain qualifications.”

“Basically, the state says we can no longer do live entertainment and charge a cover … because it’s not ‘in the spirit of a restaurant,’” says Chelsea’s owner David Remmetter, who has offered live music in his restaurant for 10 years. “We’re charging a cover and the shows will still go on. They’ve not shown me in the law where I’m in violation.”

The two citations against Chelsea’s are in relation to the restaurant’s permit status, which says it must make more money selling food than alcohol. Remmetter said the latest state audit in November 2008 verified he has more food sales than liquor sales. The venue can have live entertainment so long as it is not unreasonably intrusive of nearby residences and excludes obscene and immoral behavior.

The ATC mailed a letter dated Jan. 1 to all restaurants with Class AR restaurant permits, warning them to expect audits on “bar and grill” premises and describing the difference between permits for restaurants (AR) and bars (AG). “A bona fide restaurant does not have drink specials, happy hours, specialize in daiquiris, and charge a cover to enter for entertainment or have two people eating an appetizer while 50 people are there simply to drink,” the letter said.

“My big problem with this is it seems to me that it’s a certain agency’s interpretation of a law,” Remmetter says. “I should have a right to charge a cover for live shows if that’s what I want to do. It’s scary to think a government agency can come in and make business decisions for you.”

Chelsea’s permit says the restaurant must serve food as long as it’s open. Remmetter says he was closing the kitchen at 10 p.m., but he’s now offering a limited menu from 10 p.m. until closing time. This could lead to problems, Remmetter says, because one of ATC agents at Chelsea’s that night told him a restaurant checking IDs at the door may fall under some age discrimination issue.

“You’re going to tell me it’s OK for a girl from St. Joseph Academy to hang out here at 1 a.m. around a bunch of grown men who’ve been drinking beer all night?” Remmetter asks. “I don’t think the ATC thought this out like restaurant owners think these things out.”

Remmetter must appear at the ATC office on March 11 to defend his case to ATC Commissioner Murphy Painter.

Calls to Painter weren’t returned as of press time, but 225 will keep you updated.