Owner of The Rustic said business should be allowed to open as dine-in restaurant

City says The Rustic, The Lion & Rose are considered bars, have been told to close dining-in options

San Antonio – What exactly defines a bar?

It’s a question the owner of The Rustic would like answered after the city of San Antonio said his business wouldn’t be able to operate as a dine-in restaurant at 25% capacity.

A city spokeswoman confirmed both The Rustic and its neighbor at the RIM Shopping Center, The Lion & Rose British Restaurant & Pub, were told they had to stop their dine-in options because they qualify as bars, not restaurants.

However, Kyle Noonan, the owner of Free Range Concepts, which owns The Rustic, believes his business is being misclassified.

“Right now, I know restaurants are allowed to open, and I know The Rustic is a restaurant. So we should be allowed to open,” Noonan said.

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It was not immediately clear when exactly the two businesses were told they had to shut down their dining-in options, though Noonan indicated it was after The Rustic had opened up its dining area.

Under Gov. Greg Abbott’s plans to reopen the state, restaurants have been able to operate at 25% of their normal capacity since May 1. Bars, however, must remain closed.

Per Abbott’s Apr. 27 order, which first allowed restaurants to reopen in a limited capacity, the reopening applies only to those businesses that receive less than 51% of their gross receipts from selling alcohol and therefore don’t have to post a red, 51% sign warning that carrying a handgun at the location is illegal

According to Texas Alcoholic Beverage Commission records accessed online, both The Rustic and The Lion & Rose are supposed to have 51% signs.

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Despite what its firearm warning sign might say, The Rustic’s actual alcohol receipts are closer to 40%, Noonan said, which would make it a restaurant permitted to reopen.

Noonan said he doesn’t blame local health authorities or the TABC. The business is attempting to either get a new license through TABC or get local authorities to recognize it as a restaurant, he said. A city spokeswoman, however, said that would be based on the business’ status with TABC.

The spokeswoman said pick-up and delivery orders are still permitted from both locations. Noonan said The Rustic is continuing to offer a curbside “to-go” model.

A TABC spokesman confirmed “TABC is actively working with the owners of The Rustic to explore options which would allow them to operate.”

Those efforts may not end up mattering as the state continues to reopen.

“It does become a moot point if the governor says on the end of this week, ‘Bars can open at 25%.’ So, you know, we’ll see. But none of us know,” Noonan said.

City data on the enforcement of public health emergency orders through May 9 does not show any citations for either The Rustic or The Lion & Rose.


About the Authors:

Garrett Brnger is a reporter with KSAT 12.