Two Five Points bars’ liquor licenses terminated, two suspended. Moosehead for sale

A pair of Five Points bars have had their liquor licenses temporarily suspended, and two others have had their alcohol licenses “effectively terminated,” according to records from the state revenue department.

Testimony given Wednesday by state Department of Revenue chief legal officer Jason Luther before a Senate judiciary subcommittee indicated that liquor licenses had been temporarily pulled for popular college watering holes Pavlov’s and Moosehead Saloon. Renewal of both bars’ alcohol licenses had been under protest by the revenue department and residents of nearby neighborhoods.

The State left messages Wednesday for the owner and attorney of Pavlov’s. A note on Google marked the bar as “temporarily closed” on Wednesday. Meanwhile, a phone number for Moosehead Saloon was not in service Wednesday and a note on Google listed it as “permanently closed.” The bar has a “for sale” sign in its window.

Meanwhile, the Department of Revenue said later Wednesday that it also has effectively terminated the temporary alcohol licenses at Breakers and Breakers Live, two associated bars in Five Points. Attempts to reach Breakers Wednesday afternoon were unsuccessful.

Luther told The State that the revenue department filed motions in state court in recent weeks asking for the temporary suspension of the alcohol licenses at Pavlov’s and Moosehead Saloon until there can be a hearing on the renewal of those licenses.

The two bars applied for license renewal last year, but that renewal was denied after protests from residents in neighborhoods near Five Points and the revenue department. Neighbors near Five Points have long protested alcohol license renewals for bars they think lead to rowdy, troublesome behavior in the college nightlife district.

Bars are allowed to continue operating while their alcohol licenses are under protest. However, during the time in which the licenses were under protest and awaiting hearings, Luther said the revenue department “discovered continued noncompliance,” so it filed a motion calling for the temporary suspension of the licenses until there is a final hearing. The DOR legal officer cited underage drinking and the burden on law enforcement as reasons for the license suspensions.

“In situations when there is a threat to the health, welfare and safety of the community, the (state) code allows us to intervene in an emergent fashion and suspend or revoke the license,” Luther testified Wednesday.

Luther said there was not a hearing date set for Moosehead Saloon, while the hearing for Pavlov’s would likely be in late May.

Meanwhile, in the case of Breakers and Breakers Live, revenue records indicate those bars had come under new ownership and applied for alcohol licenses in December. They were issued temporary alcohol licenses while those applications were being considered. However, DOR reports show that South Carolina Law Enforcement Division officers made several arrests of underage drinkers at the location in subsequent months. A revenue department spokesman said the department has since denied their applications for permanent alcohol licenses, “which effectively terminated the temporary license under which they were operating.”

The Senate judiciary subcommittee meeting Wednesday was to debate a bill proposed by Democratic state Sen. Dick Harpootlian, of Columbia, who has long battled with bars in Five Points. He has proposed a statewide bill that would make plain the percentage of food and nonalcoholic beverages that an establishment would have to sell in order to maintain a liquor license. The senate subcommittee did not take a vote on the bill Wednesday.

Under current state law, establishments that serve liquor by the drink must be “engaged primarily and substantially in the preparation and serving of meals,” and must be equipped with a kitchen utilized for cooking meals, have menus for food posted or readily available for customers to see, and must prepare “hot meals” for customers each day they are open.

The amendment pitched by Harpootlian would require that an establishment “derives gross revenue from its sale of meals and food, and nonalcoholic beverages, that is not less than 51 percent of its total gross revenue from the sale of meals and food, nonalcoholic beverages, and alcoholic beverages.”

During Wednesday’s Senate subcommittee hearing, Harpootlian insisted that his legislation is not simply targeting Five Points and its famous nightlife scene.

“This is not just a Five Points bill,” Harpootlian said. “You have these problems in Charleston, you have them in Horry County, you have them all over the state.”

But throughout a lengthy presentation before the subcommittee, the Democratic senator hammered Five Points repeatedly, specifically calling out what he sees as bad behavior in bars like Pavlov’s, Group Therapy and Moosehead Saloon.

He even showed photo slides of drink specials that had been offered at certain bars, including a drink at Group Therapy called the “Jolly Rancher.”

“That’s the name of a kids’ candy,” the senator said. “There’s no question who these folks are appealing to.”

Harpootlian’s firm is representing neighbors near Five Points in protests of alcohol license renewals for a host of bars, including Pavlov’s, Rooftop, Moosehead Saloon, The Bird Dog, Murphy’s Law, Cotton Gin, Group Therapy and 5 Points Saloon.