Police cited Selwyn Pub for COVID-19 violation before it announced temporary closure.

Selwyn Avenue Pub announced Sunday that it was temporarily closing its Myers Park pub during COVID-19, just after it received a citation from Charlotte-Mecklenburg police for violating the governor’s coronavirus-related order.

“We deem it prudent to stay safe during the current surge and return to operations when conditions are more favorable,” the pub stated in an open letter to its customers via Instagram.

CMPD spokesman Tom Hildebrand said Tuesday evening the pub was cited some time between late evening on Nov. 14 and early morning Nov. 15.

Selwyn Pub: ‘We were not overcrowded’

Details of why the business was cited were not released by CMPD. On Wednesday, Selwyn Pub confirmed the citation in an Instagram post. “We were not overcrowded and sincerely believed that we were following the letter and extent of the Executive Order,” it stated.

The pub stated it had been voluntarily limiting its capacity to 37%, although the executive order allows for 50% capacity. “We have now been told that it is illegal to stand while drinking a beverage. We are currently seeking clarity on this issue and apologize if we misunderstood the ‘standing while drinking’ rule,” the post stated. “In fact, this was the main issue when we got a visit from a COVID Ambassador on Saturday, November 14.”

On Wednesday, the Mecklenburg County Public Health Deputy Health Director issued a response, which was sent to CharlotteFive via email. “COVID-19 Ambassadors do not have any enforcement authority and often engage CMPD when there are potentially concerning circumstances. COVID-19 Ambassadors also do not issue citations,” the statement read.

Health Director: ‘Selwyn Avenue Pub has not been properly permitted to operate as a restaurant’

The 50% occupancy limits that Selwyn Pub referenced on Wednesday morning are not applicable, the statement continued. “Selwyn Avenue Pub has not been properly permitted to operate as a restaurant ... Bars are limited to 30% capacity outdoors and seated-service only.”

How could Selwyn Pub could serve food but not be permitted as a restaurant? The health director’s office stated that the pub had been licensed as a private club from 2013 until October 15, 2020. As a private club, the pub was exempt from routine health inspections or posting of sanitation grade cards.

On Oct. 15, 2020, the pub relinquished its ALE license as a private club and applied for a ALE restaurant license. It must be permitted by Public Health as a food service establishment, the health director’s office stated. “Public Health is working with their management to make sure they have all of the necessary information and support them through this process.”

Crowded pub shown on social media

On Saturday, pictures showing crowds at Selwyn Pub were posted on Twitter.

Since Oct. 2, Fire House Bar and Lounge on Carson Boulevard, Fantasy Lounge on Morehead Street and Recess Charlotte on Siegle Avenue have also received an Alcoholic Beverage Control or coronavirus-related citation, police said.

CMPD spokesman Hildebrand said businesses are not required to close after being cited and the reasons for being cited vary case to case. After the citation, businesses are given a court date and any fines associated with the charge are “at the discretion of the presiding judge following the outcome of the case,” he said.

All of Selwyn Pub’s employees are healthy and there have been no cases or symptoms of the coronavirus, the letter from the business stated Sunday. In a prior post on Nov. 5, the pub stated that a team member had tested positive for COVID-19. The pub stated on Instagram then that it intended to close for cleaning and reopen on Nov. 10. Sunday’s letter stated team members plan to continue cleaning, sanitizing and training. “We are committed to health, safety and satisfaction of our patrons, our team members and our community. Hope to see you soon.”

The restaurant will also be closed for takeout during this time.

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