Why Bar Owners Cringe At the Word 'Bar'
Death & Co. co-owner David Kaplan contacted me to express a few concerns about today's Observer article on him and his ongoing liquor-license saga. (Read it here.)
One of his complaints involves my use of the term "bar" to describe his business.
He prefers the term "restaurant lounge," partly because it's more accurate but, perhaps more importantly, also because saying otherwise has the potential to worsen his plight.
He is certainly not the first operator to insist on this distinction.
Over the past several years, I have covered numerous conflicts between nightlife establishments and their neighbors, both here in New York and also in Washington, D.C. And I would say that 90 percent of these squabbles involves the same rhetoric: Is the venue in question, in fact, a "bonafide restaurant," or actually just a "bar" or, worse, a "nightclub"?
In both cities, neighbors have some influence over whether an operator (be it a bar, nightclub, or restaurant) gets his liquor license. In fact, it's one of the few areas that their input carries any sway, which might explain why they so frequently make a fuss. (Either that, or it's just really fucking noisy.)
Neighbors tend to prefer restaurants in their communities, especially those of the peaceful, "white tablecloth" variety, and generally look down upon bars and nightclubs.
Smart operators know this. So they tend to talk a lot about their kitchens when applying to sell booze. They play up their menus and even invoke the magic words: "white tablecloth."
Now, there are some honest operators out there who have every intention of selling both food and booze, even if the bar side of the business eventually becomes more popular and profitable. I suspect that this is the case with Death & Co.
Others talk about food only as a ruse. So neighbors feel duped when the quiet restaurant they once approved of suddenly morphs into a noisy nightspot.
These dishonest operators only make it harder for the good guys. Neighbors become more skeptical and, in some cases, turn into vigilantes. I've seen some people camp out overnight with videocameras to gather evidence of restaurants moonlighting as nightclubs in their communities. When those places come up for renewal, watch out!
And, thus, keeping close tabs on every venue's "method of operation" has become one of the top priorities for the State Liquor Authority, which brings us back to Death & Co.
Proprietor David Kaplan insists that he is one of the good guys. "Our food is amazing," he said of the menu, which includes surf and turf tartare and a duck and aged gouda quesadilla.
"Overall, our food sales have always been right on par with our alcohol sales," he said this past Saturday. "We’ll do 100 plates of food in a night. I’m a 50-seat restaurant, you know. Kiss my ass, if you think I’m a fucking bar!"
He went on, "I'm not a restaurant. I'm certainly not a bar. The closest thing I am is a restaurant lounge or a cocktail lounge. I am, by any definition a nightlife establishment, as is every restaurant. This business profits on people wanting to go out and socialize. It doesn't profit on people wanting to go out and get drunk. That's not how we make money."
Why does this distinction matter so much to Mr. Kaplan? Because it's a central issue in his struggle to retain his liquor license.
Last spring, the State Liquor Authority sent an undercover investigator to Death & Co. to check out a tip that the venue had changed its method of operation "from restaurant to a bar/lounge," according to agency records. The SLA agent took a seat at the bar and was "immediately handed" a "food and cocktails" menu. He ordered the crab cakes.
And yet, Death & Co's "method of operation" continues to be a problem because of several paperwork snafus.
"We made really stupid, first-time business owner mistakes that were by no means malicious," Mr. Kaplan explained.
In 2006, he and his partners submitted some of the appropriate documents detailing the changes in the operation and the corporation as the business transitioned from the former French Indian restaurant Raga to the, um, restaurant lounge you see today--they just didn't get all of the paperwork done correctly.
So, this past December, Death & Co. shut down for a whole week and shelled out a $10,000 fine in order to settle the matter.
Yet, days later, the SLA informed Mr. Kaplan that -- despite no additional charges -- his liquor-license still would not be renewed because "the method of operation currently in effect and which appear on your website, are in contradiction with the method of operation and hours of operation originally filed with and approved by this agency."
How the government intends to justify such a rejection after agreeing to a settlement for the exact same charges remains to be seen.
But, until this whole mess gets resolved, Mr. Kaplan begs you, please don't call it a bar.
408 East 79th Street
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I'm an East Village resident, a semi-regular at Death & Co., and am completely sympathetic.
But make no mistake about it - Death and Co. is a BAR. Yes, they serve food - so if that literally makes them a restaurant, then so be it. But ask anyone if it's a bar or a restaurant, and they'll say it's a bar. Given nearly any place, it's not difficult to say whether it's a bar or restaurant, actual existence of a bar or food menu notwithstanding.
Some examples from around the neighborhood: Esperanto (9th & C) - definitely a restaurant, even though they have a bar. 7A - restaurant. 7B - a bar, of course. Royale - bar, even though they serve food.
Really, it comes down to the point of the place. It's clear that the point, or idea if you will, behind Death and Co. is to serve great cocktails. The food, though maybe not to the owner, but to the patrons, is an afterthought. The duck quesadilla was great - but this is a cocktail bar. To beat a dead horse, I'll put it one more way: say you're with a group of friends and you are planning a dinner. Does Death & Co come to mind as a possible place? Didn't think so.
Now, all that said, it's a great, nice, quiet cocktail bar. They don't let people in if there's not a seat for them! The fact that the neighbors are so up in arms about THIS place is absurd (reminds me of the "crusade" against EU awhile back).
The fact that Le Souk can exist two blocks away yet Death & Co. is faced with all this trouble is VERY troubling to me as a resident of the neighborhood.
I know little about the management of bars and restaurants, and have no idea how common this is, but David - has it occurred to you that you're not paying off the right people? Given the amount of other shadiness at some other places around here (e.g. Le Souk), I think that could definitely be a possibility.
le souk is disgusting. death & co. is not.
go figure.
This guy is a lying son-of-a-bitch. He promised the community board he would take down the black fascist flag flying over his saloon (it offends worshippers at a nearby synagogue) and hasn't. He said the synagogue was not an operating one and then admitted it was. The list goes on and on. His saloon is a saloon and everyone including SLA inspectors know it, and we don't need such a negative presence in our neighborood. This saloon ruins the peace and quiet of the street where we live.
It's not hard to understand why D&C is still fighting the SLA - they settled the issues re their PAST improper operation as a BAR, since they'd been granted a liquor license to sell alcohol in a RESTAURANT. The problem is that D&C is STILL a BAR - (who knew they had a duck quesadilla? which sounds absolutely disgusting in any event. but raise your hand if know they offer a zillion specialty cocktails to knock you out before you find out what kind of gross stuff is on the "menu"). Kaplan claims he profits off people "socializing?" Duh. He profits from people IMBIBING heavily while socializing. Restaurants, by contrast, make money by turning over tables relatively quickly. DEATH and CO is and always has been a BAR - in affording Kaplan the benefit of the doubt as to his intentions in opening the prohibition-themed joint, the reporter is far too generous with his ingrate subject.
My concern, as a resident of the neighborhood, is the precedent this will set. Maybe Death & Co. is a classy bar, but once a bar has been in that location, it will be difficult to stop another one.
Another frat rat vomitorium. All they will have to do will be sell some hot dogs or hot plate chili and they can say they are doing what the predecessor did.
Anyone in any neighborhood should consider whether or not they would like any local restaurant to be able to turn into a bar. It also exerts upward prices on commercial rents. Bars are more profitable than other retail businesses. If any location can be turned into a bar, soon it will be difficult to afford to run any other sort of business.