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Two Five Points bars can get alcohol licenses, judge rules

A pair of associated Five Points bars can get their licenses to sell alcohol, but will have to stick to a number of guidelines, including rules related to ID checks and the pricing of drinks.

Judge H.W. Funderburk Jr. issued an order on Tuesday that makes way for Breakers and Breakers Live, two connected bars that are next door to each other in the 800 block of Harden Street in Five Points, to get licenses to sell liquor, beer and wine. The state Department of Revenue had previously denied a request for the bars to get those booze permits.

Court records indicate the Breakers locations had come under new ownership and applied for alcohol licenses in December. They were issued temporary alcohol licenses while those permanent applications were being considered. However, court reports show that South Carolina Law Enforcement Division officers had several encounters with underage drinkers at the location in subsequent months. A revenue department spokesman said in April the department had denied Breakers’ applications for permanent alcohol licenses, “which effectively terminated the temporary license under which they were operating.”

A summary in Funderburk’s Tuesday order also details two occasions earlier this year in which patrons were struck by cars in Five Points after having been at Breakers. But Funderburk noted that both individuals already had been consuming alcohol before they went to Five Points.

There was an administrative law court hearing on the Breakers license case in June.

In his order, Funderburk said the revenue department can issue alcohol licenses to Breakers under a number of conditions, including that the bar must use forensic ID scanners at all its entrances, must use a hand stamp system for every person that enters the bars, must provide law enforcement with records for the ID scanners and must operate cameras at all entrances and points of sale in the bar.

The judge also ruled that all of Breakers’ liquor drinks must be priced higher than $4 and all beer must be priced more than $3. The order also said the bars can’t sell alcoholic beverages that include Red Bull or similar energy drinks. Court records indicate that, at some point in the past, Breakers had sold a drink called the “trash can” that included rum, vodka and Red Bull.

The State has reached out to an attorney for Breakers.

The ruling on Breakers marks the second time in recent months that a Five Points bar has gotten good news in terms of its liquor licenses. In June, the Rooftop Bar and Lounge struck a deal with the revenue department that made way for the renewal of its licenses. That bar also agreed to tighten ID checks in order to crack down on underage drinking and adhere to a minimum price for its alcoholic drinks.

The bar situation in Five Points, long a favorite hangout for University of South Carolina students, has been tumultuous for some time. For years, residents of the leafy neighborhoods that surround Five Points, aided by the law firm of Democratic state Sen. Dick Harpootlian, of Columbia, have protested alcohol license renewals for some bars in Five Points. The neighbors currently are protesting alcohol licenses for a number of bars in the district, including Pavlov’s, The Bird Dog, Murphy’s Law, Cotton Gin, Group Therapy and the 5 Points Saloon.

The Moosehead Saloon has been closed for several months and has been for sale. A notice on that bar’s window Tuesday morning indicated there is a new application for alcohol licenses there.

This story was originally published July 21, 2021 at 11:02 AM.

Chris Trainor
The State
Chris Trainor is a retail reporter for The State and has been working for newspapers in South Carolina for more than 21 years, including previous stops at the (Greenwood) Index-Journal and the (Columbia) Free Times. He is the winner of a host of South Carolina Press Association awards, including honors in column writing, government beat reporting, profile writing, food writing, business beat reporting, election coverage, social media and more.
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