Stay Social may pursue legal action against county decision to revoke alcohol license

Stay Social Tap and Table, a café in Evans Towne Plaza, the site of an upcoming drag show. Image from the Stay Social Facebook page.

Date: October 17, 2022

The owner of Stay. Social Tap & Table, Renee Hajek, is ready to contest Columbia County in court over its decision to revoke the Evans’ restaurant’s alcoholic beverage license.

According to financial records obtained via an open records request, the business has failed to meet the 50% food sales requirement set by the county ordinance.

Stay. Social Tap & Table has shown a loss of more than $70,000 since being open, according to the reports. That loss does not include debt service payments. According to the balance sheet provided, the business has $468,000 in debt, $37,000 of which is to the Columbia County Development Authority.

SEE THE FINANCIAL REPORTS HERE

Except for Chairman Doug Duncan, all of the Columbia County Board of Commissioners voted on Oct. 4 to take way the establishment’s license, after the Development Authority of Columbia County sent financial reports to the county’s Economic Development Division.

The county’s contention was based on a county ordinance that requires restaurants with alcohol licenses to generate half or more of their sales from food.

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The financials Hajek sent Development Authority director Robbie Bennett in June showed that, of its overall sales during its first five months open in 2020, 43% was from food sales and 52% from alcohol sales. The remainder was coded as other income. That report was provided by Hajek’s CPA. Hajek later produced a different report on Sept. 15 that shows the same food sales figures with reduced alcohol sales. That second report was printed from Hajek’s QuickBooks’ software.

Hajek sent the Authority more profit and loss reports on June 20, showing 48% food sales and 54% alcohol sales for 2021. The 2022 figures showed a decrease in food sales to 47%.

A different report later provided by Hajek showed an internal adjustment reducing alcohol sales under 50% but with food sales still under the 50% threshold.

County Administrator, Scott Johnson stated that the important number is food sales. All restaurants must meet 50% or more as food sales regardless of their alcohol sales.

Since being open, Stay. Social Tap & Table has not met that requirement.

“The whole documentation that I sent [Bennett] was to show him okay, we can breathe,” said Hajek. “I still can’t collect a paycheck, but we can breathe.”

Hajek attributes the discrepancies to several factors, including the eatery having received an employee retention credit, hosting and donating food for a gala fundraising event in 2021 for the Leukemia and Lymphoma Society that raised $36,000.

Hajek also continues to maintain that the initial reports she sent to Bennett in June were unaudited QuickBooks reports that her accountant had not yet looked at.

“We had gone from showing a net loss to actually showing positive income and it all had to do with the financial assistance we were afforded,” said Hajek. “This is how we stayed in business.”

She aims to take up the legal matter further once the county serves Stay Social the notice of revocation, planning to pursue a writ of certiorari, for a judicial review of the board’s vote. Depending on the Superior Court’s response, Hajek said, she is prepared to enter to further negotiation with the Board of Commissioners or seek a hearing to appeal the decision.

“That’s where we are right now,” she said. “Where we go beyond that is going to determine how compliant the county is, or how willing they are to come to terms with an agreement between us.”

Skyler Q. Andrews is a staff reporter covering business for The Augusta Press. Reach him at skyler@theaugustapress.com. 

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The Author

Skyler Andrews is a bona fide native of the CSRA; born in Augusta, raised in Aiken, with family roots in Edgefield County, S.C., and presently residing in the Augusta area. A graduate of University of South Carolina - Aiken with a Bachelor of Arts in English, he has produced content for Verge Magazine, The Aiken Standard and the Augusta Conventions and Visitors Bureau. Amid working various jobs from pest control to life insurance and real estate, he is also an active in the Augusta arts community; writing plays, short stories and spoken-word pieces. He can often be found throughout downtown with his nose in a book, writing, or performing stand-up comedy.

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