Virginia restaurant that defied COVID orders subject to search and seizure by ABC
Gourmeltz owner Matt Strickland had his license to sell wine/beer/mixed beverages on and off-premises suspended in September 2021, but ABC put a stay on enforcing the order to give Strickland time to appeal. In November 2022, a final ruling was issued and ABC ordered Gourmeltz to halt selling alcohol for 90 days. The agency said it would reduce the suspension to 15 days if Strickland paid a $4,000 penalty and more than $6,400 in investigation costs.
But Gourmeltz did not comply.
"Despite administrative proceedings and the final order of the Circuit Court of Spotsylvania County affirming Virginia ABC’s decision to suspend Gourmeltz’s wine/beer on and off-premises and mixed beverage licenses, the establishment failed to comply with ABC’s Board Order and continued to serve beer, wine and mixed beverages to customers," ABC wrote in a press release.
According to ABC, here is the timeline of their involvement with Gourmeltz:
Jan. 28, 2021: Virginia Department of Health’s Rappahannock Area Health District summarily suspends Gourmeltz’s health permit for not following the COVID-19 public health requirements in the governor’s Executive Order.
March 4 and March 18, 2021: Virtual informal conference and formal ABC hearing. ABC finds that Gourmeltz willfully and knowingly ignored the Code of Virginia § 4.1-225 2.a. (requires licensees to conform to local health requirements) and revokes their license on March 31, 2021. Action on the license is stayed pending Gourmeltz appealing the decision of the administrative law judge to ABC’s Board of Directors.
Aug. 20, 2021: Appeal hearing by ABC’s Board of Directors
Sept. 1, 2021: ABC issues a final decision and order modifying the hearing officer’s decision from a revocation to a suspension of Gourmeltz’s wine/beer on and off-premises and mixed beverage licenses. ABC grants a stay on the Board Order to allow Gourmeltz the opportunity to appeal to circuit court.
Aug. 4, 2022: Circuit Court of Spotsylvania County hearing
Oct. 26, 2022: The trial judge issues a letter of opinion affirming the ABC Board Order in all respects.
Nov. 10, 2022: Circuit Court of Spotsylvania County issues a final Order affirming the Board Order in all respects.
Nov. 15, 2022: ABC serves the Board Order suspending Gourmeltz’s beer and wine license and the mixed beverage license for a period of 90 days. The suspension would be reduced to 15 days upon the payment of a $4,000 penalty and $6,469.18 in investigation costs.
