ABC lifts liquor license suspension at Bardstown Road bar after owners make safety changes

LOUISVILLE, Ky. (WDRB/WAVE) — Louisville Metro Alcoholic Beverage Control said a bar on Bardstown Road can begin serving alcohol again after its owners committed to "mandatory safety requirements."

The required safety measures for Atomic include an earlier closing time, enhanced security and camera access as "conditions for reopening." Metro ABC said the bar will now close at 3:30 a.m., with final entry at 2:15 a.m. and last call at 3:15 a.m. The bar is also required to add more off-duty police officers to "strengthen the security presence."

Additionally, Atomic must provide Louisville Metro Police with "real-time access" to the bar's on-site security cameras.

Last month, Metro ABC issued an emergency suspension of Atomic's liquor license, halting alcohol sales while the case moved through the administrative process. Metro ABC said Wednesday that order was lifted after Atomic "agreed to implement the required safety measures."

"This agreement demonstrates that public safety comes first," ABC Director Brad Silveria said in a news release Wednesday. "Atomic will operate under enhanced safety requirements designed to better protect patrons, employees, and the surrounding neighborhood. Louisville Metro ABC will continue to hold licensed establishments accountable for maintaining safe and orderly operations."

Metro ABC said the administrative penalty process will "temporarily be held in abeyance as ABC monitors compliance with the agreement."

"We didn't pay a fine or agree to pay a fine or anything like that but, in my opinion, we paid," Atomic's attorney David Mour said. "There was no admission of fault or legal violations by Atomic, absolutely not."

In a post on Facebook, Atomic said it would reopen this Friday, July 10.

"While we missed marking it on July 4, this moment also carries something special for us—our next day open will mark the beginning of our third year. We're incredibly grateful to be stepping into it with all of you," the post continued.

The suspension followed a weekend of violence and disorder along the Bardstown Road corridor. LMPD reported two separate shootings the morning of June 21 near Bardstown Road and Grinstead Drive after fights broke out in the area. Both victims suffered non-life-threatening injuries. Police also reported multiple arrests and recovered several firearms during enforcement efforts over the weekend.

At the time, Silveria said in a statement the suspension stemmed from a shooting around 3:43 a.m. Sunday, June 21, as Atomic staff were clearing patrons from the bar.

He said "two patrons were in an altercation" that began inside Atomic, which escalated "to a shooting incident." The suspension was based on that incident and "prior ABC enforcement action" April 26 "involving multiple fights, overcrowding concerns, and violations related to disorderly premises and public safety that also resulted in the injury of an LMPD officer," Silveria said previously.

"There is video evidence, that's what they're claiming. But I'm disputing that because there is video evidence (of) who allegedly shot another person who had been inside the bar that never entered the bar," said Mour.

Atomic co-owner Dustin Hensley publicly rejected claims that the late-night fights in the Highlands involved patrons from his bar.

"The fights that are occurring throughout the neighborhood do not involve our customers," Hensley said in a statement. "These are being caused by people that are simply coming into the neighborhood to walk the sidewalks and cruise the streets."

Metro ABC also announced Wednesday that Metro government would be "taking steps to improve safety on sidewalks" around Atomic and is working with the fire marshal to "address capacity concerns" with the bar's outdoor patio space.

"Louisville Metro ABC will continue proactive enforcement on Bardstown Road and throughout Louisville to ensure licensed establishments comply with the laws and regulations that protect public safety and preserve neighborhood quality of life," the agency said in a statement.

Mour said some of ABC's asks were off the table, such as closing at midnight.

"Atomic has nothing to hide," he said.

Atomic later released a statement regarding the liquor license suspension being lifted and the additional safety measures being implemented as it aims to reopen "as efficiently and safely as possible."

You can read the full statement below:

"Following the incident that occurred in the public right-of-way on June 20, Atomic completed an internal investigation. We found no wrongdoing by our staff and maintain that the assault which led to the incident occurred solely within the public right-of-way. Through our own investigation, we examined camera footage from the street and sidewalk and were able to positively identify the alleged shooter. Witnesses confirmed the shooter's identity, and we provided that information to law enforcement. Through our own investigation, we were able to definitively confirm that the suspect was not a patron of ATOMIC and the altercation did not originate on our property. ABC does not dispute this fact and was provided with records that confirm the same.

"Nevertheless, we have always shared—and will continue to share—the concerns of our fellow stakeholders regarding lawless behavior in the public right-of-way and the future well-being of our neighborhood. With those concerns in mind, we believe that following any incident, whether on our premises or elsewhere, every responsible business operator should respond in every way possible to set a positive example for the community. You heard today that we plan to take additional steps to keep this part of our community safe. However, as much as it is important to focus on what you did hear today, it is also important to focus on what you did not hear. The City did not ask that we admit any wrongdoing with regard to the incident at issue. They did not require us to stipulate the facts alleged in the Emergency Order. That is because we all know that those allegations do not hold water.

"However, we have shared with ABC some additional actions we plan to take and have formalized those commitments in a formal agreement with ABC in an effort to reopen our doors as efficiently and safely as possible. We have always been, and will continue to be, an active partner with ABC and LMPD, serving as a leader in fostering the safety and well-being of everyone in our neighborhood, while also providing a place where EVERYONE is welcome. As the community works to address these issues with law enforcement, Atomic aims to continue to be the type of business where all customers—regardless of their identities and backgrounds feel welcome. We hope that LMPD is able to locate the shooter. We hope that LMPD is able to better manage the crowds that gather in the corridor. In the meantime, we will continue to parter with agencies attempting to address the underlying issues."

This story will be updated.