2nd Tri-Cities bar defies liquor license warning, while another makes a change

Kimo’s Sports Bar and Brewpub in Richland continues to serve food and drinks indoors, despite a written liquor license warning from Washington state.

“We will fight the liquor control board, L&I and the health department,” said Kyle Chism, general manager of the business. “We have lawyered up.”

The Kimo’s website says that it is open for takeout only.

But the restaurant and bar seating has been at full capacity each day, Chism said, noting that full capacity now means just 50% of building capacity during the pandemic.

That was the limit before Gov. Jay Inslee ordered bars and restaurants to end indoor service on Nov. 18 until at least Dec. 14 as rates of new cases of COVID-19 have risen sharply this month across the state.

“Business has been the best ever,” Chism said as Kimo’s has continued indoor service.

He contends bars and restaurants are being singled out for punishment in the state’s COVID safety restrictions.

Large Tri-Cities stores, for example, he said, appear to be exceeding new state requirements that customers be limited to 25% capacity and are not being fined or getting visits from enforcement officers.

But he noted that Kimo’s is following all guidelines that were in place when limited indoor service was allowed during the pandemic.

Sanitizing is done hourly, employees are wearing gloves and the number of people at each table is limited, he said.

The options that Gov. Jay Inslee is allowing now — outdoor dining, takeout and delivery — are not a viable way of doing business for Kimo’s, Chism said.

Other Tri-Cities-area restaurants should do what is financially best for them, he said.

State offices were closed on Friday so the Washington state Liquor and Cannabis Board, which is in charge of liquor licenses, was not available to comment. Its enforcement officers were expecting to continue to work through the weekend, however.

Koko’s Bartini

Last week, Koko’s Bartini in Kennewick and Sterling’s Restaurants in Richland and Kennewick received written warnings from the state Liquor and Cannabis Board for continuing to serve customers indoors.

Sterling’s responded by ending indoor dining and drinking, but Koko’s Bartini continued to provide inside service at least through Wednesday before taking Thanksgiving Day off.

But on Thanksgiving, it announced on social media that it would be putting a tent around the pergola at the front of its business, and Friday afternoon tarps were being wrapped around the outdoor structure.

“Apparently the China virus doesn’t affect you in an enclosed tent with heaters — who knew?” it posted on its Facebook page. “One more loophole. I’ll keep you posted on Inslee’s solution. Time to go ghetto.”

It also invited supporters to visit for another “peaceful protest” and for donations for its legal fees.

But it did not say if its new outdoor dining area would mean an end to indoor dining and drinking. Its owner could not be reached Friday.

Dining continues to be allowed in tents in Washington state if there are at least two open walls or the third wall has an opening large enough to create cross ventilation.

Earlier this week four liquor control officers served Koko’s with a notice of violation requiring it either pay a $500 fine or accept a short-term suspension of its liquor license.

Koko’s Bartini may appeal the notice of violation or attempt to resolve the matter informally at a hearing with the board, rather than paying the fine or accepting a short-term suspension.

Officers planned to continue to visit the business to see if it was in compliance with the new state order for restaurants and bars.

As liquor enforcement officers left Koko’s Bartini after serving the enforcement order on Tuesday, their car was followed by several cars. When the officers stopped, people got out of the cars to confront them, saying the officers were infringing on their rights.

The officers left rather than escalate the confrontation, according to a spokesman for the liquor board.

This story was originally published November 28, 2020 at 5:00 AM.