PRINT ADS

The La Crosse County Health Department shut down Breakers bar and eatery last week because it was operating without restaurant and tavern licenses, but the establishment was allowed to reopen three days later.

Breakers, located at 153 S. Leonard St. in West Salem, was open 30 days when the health department closed the establishment on May 5, later citing it for operating a restaurant without a permit.

According to health department sanitarian and laboratory supervisor Jim Steinhoff, the department acted on an inquiry from village Administrator Teresa Schnitzler regarding Breakers’ restaurant license. Schnitzler said she had received a call from a village resident about the license and said she would ask the health department.

Steinhoff said he made contact with Stewart Higdon, who owns the establishment with wife Susan and partner Jeff Huber, and learned food was served on May 3. Breakers did not have a restaurant license to serve food nor a tavern license to serve alcohol, both of which are issued by the county.

“(When we were contacted), that immediately raised a red flag,” Steinhoff said. “We investigated whether they were open for business.”

The establishment was closed on May 5, but Steinhoff returned on May 8 to conduct a preliminary inspection, which Breakers passed. Breakers paid a $180 fee for a pre-packaged license, which allows them to serve alcohol in addition to pre-packaged food, such as pizzas, and reopened.

Stewart Higdon said not obtaining the proper licenses was an oversight. Breakers did obtain a beer and hard liquor license from the village in January, and Higdon said he thought that was what was needed to serve alcohol. As far as the food served on May 3, Higdon said that had been catered and given away free during a grand opening party.

However, Higdon said he takes full responsibility for not obtaining the correct licenses.

“What happened lies on my shoulders — I screwed up,” Higdon said. “I should have investigated what was involved further. We thought we had the proper license.

“I’m not trying to shove the blame onto anyone but myself, but when you start trying to do something like this, it’s overwhelming. You are getting hit with licenses left and right.”

Higdon could face up to a $300 fine for operating a restaurant without a permit, according to Steinhoff. The case is scheduled to go before the La Crosse County Circuit Court May 22.

Steinhoff said he had been in contact with Breakers since January when the health department learned the business would be opening. He said he sent a letter to the owners Jan. 18 indicating they would need a health inspection to obtain a restaurant and liquor license.

Steinhoff said the health department scheduled an inspection March 12 and came to Breakers, but the establishment was still under construction and therefore he could not conduct the inspection. Steinhoff said he gave Higdon the necessary applications for the proper licenses and instructed Higdon to contact him when they were ready to open, but he said he never heard back.

“Some people thought the health department wasn’t responding to his request (for an inspection) in a timely fashion, but we were waiting for the owner to contact us for the final inspection,” Steinhoff said. “In almost every case, we can do that final inspection within 24 hours or less.”

Higdon, however, said he recollected a different conversation with Steinhoff in March and believed the business would be in compliance with the village-issued liquor license. Although Breakers had served pre-packaged pizza during its time open, Higdon said he didn’t think a restaurant license was required until food that was prepared at the establishment was served.

Steinhoff, though, said any establishment that serves food, whether sold or not, requires a license.

“You don’t drive a car without a license, you don’t drive a restaurant without a license,” Steinhoff said.

Steinhoff said regardless of whether Breakers had a restaurant license, it was still operating without a tavern license. Only a citation for a restaurant permit violation was issued because a tavern permit is considered the same offense.

“It would have been redundant,” he said. “Even if no food was involved, they didn’t have a tavern license.”

During the preliminary health inspection last week, Steinhoff said he found nine violations where Breakers was non-code compliant, although he said beyond those there “wasn’t anything what we would call critical” and the business was allowed to reopen after applying for the proper license.

The violations included two sanitizing techniques; lack of materials to check water concentration; wrong placement of a paper towel dispenser; wrong non-hand operated pedestals for a hand washer at the bar; using a non-commercial refrigerator; having an un-smooth wooden shelf; inadequate lighting under the bar; and unclean beverage dispensers.

Steinhoff said the sanitation violations were corrected immediately, and he was scheduled to return May 15 for a follow-up inspection.

According to Schnitzler, all village liquor licenses expire annually on June 30 and liquor-selling establishments need to reapply. The village board approves applications each year.

Higdon said Breakers prides itself on cleanliness and sanitation and hopes misinformation doesn’t turn into unfounded rumors.

“We take great pride in the cleanliness of that place,” Higdon said. “I just wish that before people make any judgment that they stop and at least peek in to see what our establishment looks like. I think they’ll be pleasantly surprised on the cleanliness and overall atmosphere.”

Higdon said he, his wife and Huber still intend on moving forward with the future of the business. In addition to the remodeling already completed, a 1,400-square-foot addition is still planned — which will include a kitchen for a restaurant and additional seating — as well as a 600- to 800-square-foot deck. Breakers, which is promoted as an establishment for pool players, is expected to host upcoming state and local billiard tournaments.

“We were really proud of what we’ve done — we’ve taken an ugly building and made it a phenomenal building,” Higdon said. “One of our main goals was to help attract people into downtown West Salem. Regardless of what happens ... we still feel we can do that.”