photo by: Contributed Photo/A. Townsend Peterson

Bullwinkle's Bar, 1344 Tennessee St., serves to-go orders to patrons Saturday, April 25, 2020. Lawrence police said they received several calls about the bar's social distancing practices. The local health department said it would follow up to remind the bar about health guidelines.

Though many local restaurants have managed to keep their lights on through takeout orders during the coronavirus pandemic, bars that don’t serve food have not had the same option until recently.

Some bars around town are taking advantage of a new opportunity to bring in customers, and one caught the attention of neighbors last weekend.

An April 22 executive order from Kansas Gov. Laura Kelly allows bars to serve alcoholic drinks in to-go containers. However, those drinks are to be taken home, and all social distancing guidelines still apply, according to Lawrence-Douglas County Public Health.

Kelly’s earlier executive order for all Kansans to stay at home except for essential needs lists restaurants and bars among essential businesses, but none may offer dine-in service. All must follow public health guidelines on social distancing, and none may have more than 10 people inside at once.

Under Kelly’s plan for reopening the state, which was announced Thursday, the earliest bars might be allowed to let customers back inside would be May 18, and then only at 50% capacity.

The April 22 order allows establishments that hold the proper licenses to serve alcoholic beverages for carryout consumption. The beverage container must be placed in a transparent bag that is sealed and tamper-evident.

Before the order, nothing specifically banned bars that don’t also serve food from serving customers, but under the state’s liquor laws, they could not serve alcohol. Normally, state law requires alcoholic beverages to be consumed on the premises and liquor to be sold in its original container. Kelly’s executive order suspends both requirements and acknowledges that the inability to operate has caused financial hardships for many Kansas businesses.

Several Lawrence bars have been advertising drink pickup times via social media within the past week. Some of the posts ask patrons to wear masks if they come.

Patrons can’t consume the drinks on the bar’s property inside or outside, according to local law enforcement and the health department.

“At this time, customers are not allowed to consume their beverages on the premises,” Lawrence Police Department spokesman Patrick Compton said via email Wednesday. “In this situation, both the establishment and the individual could face enforcement actions for being in violation of the Governor’s Executive Order.”

As the Journal-World has reported, violating the governor’s executive order is a class A misdemeanor punishable by up to a year in jail and a fine of up to $2,500.

The change to the law may have created some questions for the public. LPD got a few calls on Saturday about one bar near the University of Kansas campus in particular, though others around town had advertised times to pick up carryout drink orders.

Compton said that twice Saturday when officers visited Bullwinkles Bar, they found staff serving sealed to-go beverages. Staff was also monitoring the door to ensure that only one or two customers were allowed inside at a time, and during the officers’ checks, there were only a few people in line outside at any given time.

George Diepenbrock, spokesman for the health department, said via email that the bar was “added to our list” of business owners to follow up with to remind them of proper social distancing guidelines and practices.

“Under the current executive order that limits mass gatherings, people are not allowed to gather in groups of 10 or more even outside,” Diepenbrock said. “As an exempt business, we encourage the business to follow social-distancing protocols, such as setting up and encouraging those in line for carryout service at the business to be more than six feet apart.”

If you do enter a business that is open or operating in violation of the executive orders, “don’t participate,” Compton said. “Notify us or Lawrence-Douglas County Public Health so we can investigate.”

Asked whether LPD was concerned about the possibility of an increase in people driving under the influence, Compton reiterated that the beverages must be sealed, so the risk is no more or less than that of purchasing alcohol at a liquor store.

Compton said LPD understands that these establishments are having to adapt in order to survive during the COVID-19 crisis and the department appreciates the effort the businesses and their customers have made to operate within the executive orders. He said some people may have the perception that bars are operating like speakeasies during Prohibition, but that’s just not the case.

“It’s also great that folks are getting out and supporting local business. We need that,” Compton said. “Some of these establishments are treading water during this time, and it’s great that their loyal customers are sticking with them. But again, doing it within the parameters of the Governor’s executive Orders.”

As of Wednesday afternoon, Kelly’s stay-at-home order was set to expire May 3. The order allowing carryout alcoholic beverages is set to remain in force through May 31 or until the statewide state of disaster emergency expires, whichever is earlier.

Bullwinkles staff did not immediately respond to a Facebook message or email seeking comment Wednesday afternoon, and a phone at the bar was busy when the Journal-World attempted to call.