Upper Deck in Portage Lakes cited over weekend for social-distancing issue - Akron Beacon Journal

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Ohio Investigative Unit agents cited Portage Lakes nightspot Upper Deck Bar & Grill on Saturday night after receiving complaints of "blatant" violations of state health orders to reduce the spread of the coronavirus, the agency announced Sunday.

Upper Deck received an administrative citation for improper conduct–disorderly activity after agents visited the site and observed a lack of social distancing, with several people congregating in groups.

The case will go before the Ohio Liquor Control Commission for potential penalties, including fines or the suspension or revocation of liquor permits.

"We see that most of the permit premises are following the precautions put in place to make their establishments safe, and they are complying with the directives," Ohio Investigative Unit Enforcement Commander Eric Wolf said. "As agents continue to conduct compliance checks, they take enforcement action when egregious violations like these are observed."

Upper Deck co-owner Tim Adkins said the citation happened when a group of people who came up to the establishment’s lower bar area.

"A group of people walked up to the bar together to get a round of drinks and then they were going to go sit down. And because they walked up to the bar close to some other people that were already at the bar, they gave us a citation," Adkins said.

Adkins said the agents told him they were responding to a complaint from someone who drove by and saw a lot of cars in the parking lot. He said the agents told him the penalty will likely be a $200 fine.

"They said there was no problem with our floor plan. There was no problem with our tables, that we were doing a good job," he said. "It's just a group walked up to the bar at the wrong time in front of the wrong people."

Upper Deck was previously found by county health officials to have violated state guidelines on social distancing as it reopened to patio service, with at least a dozen complaints filed to Summit County Public Health over one May weekend.

Summit County Public Health said at the time that Upper Deck was allowed to remain open but had to fix the issues that were found, with a goal of voluntary compliance before the health department would take further action.

Adkins said Summit County Public Health visited the site the day before Ohio Investigative Unit agents were there "and said we were doing a good job."

He said several changes have been made to comply with public health guidelines and orders, including reducing the capacity by half, spacing out tables and passing out masks at the front door, with more than 4,000 masks distributed so far.

On Friday and Saturday nights, 10 and 12 people, respectively, enforce social distancing as their sole job, he said. Plastic dividers have also been put in place at the establishment’s bars.

Adkins, who owns six bars and co-owns three bars with Upper Deck co-owner James House, said the business usually has more than 100 people on staff but is down to about 60, with additional layoffs expected in the future.

Sales are down significantly, he said.

"We're trying. We really are," he said. "We'll continue to try and enforce the rules that the health department's laid out for us."

Contact Beacon Journal reporter Emily Mills at emills@thebeaconjournal.com.

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