Deemed a “bar in restaurant’s clothing” by the state Office of Alcohol and Tobacco Control, Baton Rouge fixture Chelsea’s Cafe was raided Jan. 22and cited for its live music and cover charges.Armed ATC agents entered the restaurant about two weeks ago, issuing two citations. Owner David Remmetter said he’s in no violation of any laws regarding live music and will continue to offer it with a cover charge, as he has for 10 years.”I’m not being disrespectful, and I want [the ATC] to respect me as a business owner and a tax-paying citizen as well,” Remmetter said. One of the two citations — both concerning the restaurant’s permit status — was issued because Chelsea’s was not offering food after 10 p.m. To be a restaurant, an establishment must sell food until closing. Remmetter said Chelsea’s now offers a limited menu after 10 p.m., putting the restaurant in good standing. The other citation regarded zoning. Chelsea’s is zoned as a restaurant, not a bar, but the ATC said because Chelsea’s charges a cover to see live music, it’s acting as a bar — in violation of its permit. Remmetter said though he was guilty of not serving food until closing, he isn’t guilty of violating zoning restrictions. Remmetter said there’s no law against charging a cover for live music in a restaurant in Louisiana. Restaurants can have live music as long as it’s not disturbing nearby residences or displaying lewd behavior. “We’re doing exactly what we’ve been doing since the beginning of time,” said Murphy Painter, ATC commissioner. Painter said raids like the one on Chelsea’s happen every year. A restaurant’s permit status becomes an issue when a restaurant sells more alcohol than food. Painter said many of the restaurants are raided because of this restriction.Painter said when a restaurant renews its license, it has to file an affidavit to say it sells more food than alcohol. Though this restriction is only part of what makes a restaurant “bona fide,” a violation will trigger an investigation.Remmetter said Chelsea’s still sells more food than alcohol, even with the 10 p.m. limit and cover charges. “Live music is an issue if [restaurants are] operating the place as a bar without a bar license,” Painter said. Remmetter said he’s not interested in changing Chelsea’s zoning. “I’ll stop live music before I turn this into a bar,” Remmetter said. Remmetter will have to defend his case to Painter on March 11.—-Contact Kyle Bove at [email protected]
Chelsea’s owner denies violations
February 4, 2009