Maine Brewpub Owner Defies Executive Order, Loses Licenses

Even as a mini-revolution, the Sunday River Brewing uprising didn’t last long.

As states grapple with reopening for business in the face of the COVID-19 pandemic, one Maine brewpub owner opted to defy the reopening plan Gov. Janet Mills laid out last week that orders restaurants to remain shut for on-premise dining until June.

Rick Savage, owner of Sunday River Brewing in Bethel, Maine, opened his brewpub at around noon on Friday, May 1, drawing a large crowd and defying Mills’ March 18 executive order banning gatherings of more than 10 people. About four hours later, he told reporters that state government representatives had come to the brewpub to revoke his health and liquor licenses.

“I think it’s ridiculous,” Savage said to a group of reporters outside the brewpub on Friday. “I think it’s totally ridiculous. If they want to deal with people, deal with us in a manner that’s civil.”

Authorities likely knew the act of defiance was coming: Savage appeared on Fox News on Thursday, April 30 for an interview with Tucker Carlson to announce his plan to reopen the next day.

“We’ve had enough of it — we’re encouraging all businesses in Maine to open up,” said Savage, whose brewery is near a popular Maine ski area also known as Sunday River. “We should never have been shut down in the first place. We need to open back up, get this summer tourist business going or we’re gonna lose a third of our restaurants.”

Savage told Carlson that he welcomed inspection from state officials.

“If you don’t like it, take me to court,” Savage said.

When his licenses were revoked the next day, Savage continued his bluster, telling reporters gathered outside the brewpub that he planned to stay open regardless.

“I’m staying open,” he said. “I’m defying the order with no licenses and they fine me every day.”

But, before 8 p.m. on May 1, Sunday River Brewing had posted to Facebook that the brewpub “will be closed until further notice.” The next day, Savage appeared at a rally protesting Mills’ reopening plan. Sunday River Brewing linked to a GoFundMe fundraiser on Facebook called the “Maine Back to Work Fund,” which has raised nearly $95,000 as of presstime.

“These funds will support those who will face fines and legal fees due to opening early,” the fundraiser page said.

However, Oxford County Sheriff Christopher Wainwright told the Portland Press Herald that no criminal charges would be filed against Savage. It’s not yet known which other Maine businesses have reopened before Mills’ timeline allows.

Since the March 18 order, Maine restaurants and bars have been permitted to offer food, beer and wine to go. As a full-service restaurant, Sunday River Brewing had been allowed to remain open for takeout orders.

“It was a permissible activity,” Bureau of Alcoholic Beverages and Lottery Operations (BABLO) deputy director Tim Poulin told Brewbound.

What’s more, BABLO has loosened regulations twice more after that, allowing draft beer from kegs on hand before March 18 to be sold in growlers to go with food orders on April 23, and allowing pre-mixed cocktails to be sold to go with food orders on April 27.

Sunday River Brewing shuttered its brewpub on March 17 and directed its Facebook fans to seek its offerings at packaged goods stores around the state on March 20.

A request for comment was not returned.

On the other side of the country, several licensees have similarly opened while ordered not to, but California’s Department of Alcoholic Beverage Control issued an advisory warning them that licenses will be revoked.

“Defiance of the statewide and local stay at home orders endangers public health and safety, and for licensed premises constitutes the keeping of, or permitting a licensed premises to operate as, a disorderly house,” the ABC wrote in a memo on Friday, May 1.

Since on-premise shutdowns began six weeks ago, the ABC has received “numerous complaints” about restaurants, bars, wineries, breweries and other businesses licensed to sell alcoholic beverages on-premise that were operating in defiance of Gov. Gavin Newsom’s order. However, 98% of those investigated agreed to comply with the order and shut down.

“There are relatively few licensees who have defied the stay at home orders and the Department’s requests, and the industry should be proud that it is doing its part to combat this public health crisis,” the ABC wrote.