Hearing results: Artmosphere in the clear until October

A special hearing for Artmosphere Bistro ended Wednesday with applause and broad smiles after the Louisiana Office of Alcohol and Tobacco Control ruled in favor of one of the most beloved live music venues in all of Acadiana.

No exceptions were made to two local ordinances that prohibit Artmosphere from being classified as a bar.

Instead, Artmosphere's new bookkeeper presented documents at the hearing proving that Artmosphere has maintained just above the required 50 percent food sales since being cited by the ATC last March.

That's even excluding almost $30,000 of food that Artmosphere owner Beryl "Berry" Kemp Moody purchased herself to give away in attempts to increase food "sales."

"I am going to dismiss the charges being brought against Artmosphere," said ATC Commissioner Troy Hebert said after ruling in favor of the bistro. "I'm not going to fine you. You've fined yourself enough."

BACKGROUND: Artmosphere struggles to follow local ordinances

The ATC cited Artmosphere last March for selling more alcohol than food following an anonymous tip. Since then, Moody has struggled to provide monthly evidence that she was selling more food than alcohol at Artmosphere.

The eclectic live music venue has grown into more of a bar than a bistro over the years, but it cannot be classified as a bar because of its location.

One local ordinance says that Artmosphere is located too close to a school, and a different local ordinance prohibits new bars and lounges from opening downtown.

The ATC only enforces the local ordinances.

"The last thing the ATC wants to do is close a good business," Commissioner Hebert said.

And the public commentary portion of the hearing proved the value of Artmosphere as person after person described Artmosphere as a "cultural experience," a "treasure to the city" and more.

Neither Lafayette City-Parish President Joey Durel nor any councilmen attended the hearing, even though it was held in the Lafayette Consolidated Government building.

"It's a state issue," Durel said Wednesday afternoon. "It's not my issue."

Moody's attorney Cade Evans challenged locals to continue putting pressure on public officials to change the laws.

Durel said it's not that simple, however. Making an exception for Artmosphere or changing the law could bring about issues that the public hasn't thought of, such as Artmosphere being sold or growing into something different than what it is today.

"I'm glad she can stay open," Durel said. "And to everybody who supports Artmosphere: If you're so loyal and you care so much, buy the food."

As part of Wednesday's ruling, Artmosphere will no longer be required to submit monthly food sales reports to the ATC and is in the clear until October, when it must renew its restaurant permit.

Even then, Artmosphere can have a month or two where alcohol sales exceed food sales, provided the total average is above 50 percent food sales.

"We have this little thing called Mardi Gras and festivals," the commissioner said. "Sometimes, legitimate restaurants will sell more alcohol than food."

About 50 people attended the special hearing Wednesday, which was held in Lafayette instead of Baton Rouge because of local interest.

The mood hung heavy for most of the hearing, but a few moments of relief burst through the room in the form of laughter.

One such time was when Artmosphere attorney Cade Evans said Moody needed someone to crack the whip, but "not in the 'Fifty Shades of Grey' way."

Another moment of comedic relief came when Moody was asked if her last name was Kemp or Moody.

"I'm now Moody," she responded. "I'm very moody."

Although the Artmosphere owner has become emotional many times during the past few months while trying to save her business, Moody kept strong during the hearing.

"The first meeting with the commissioner, I cried through the whole thing," Moody said. "I probably seemed intense during the hearing because I was trying to be so accurate."

Moody said she now has renewed faith and wishes she would have hired a bookkeeper years ago.

Artmosphere isn't completely in the clear just yet.

But Moody's list of new food initiatives was impressive and so was the support shown by community members who attended the hearing.

A few changes Moody has made include gutting and redoing Artmosphere's kitchen, hiring a consultant, revamping the restaurant's menu, creating a website to showcase the new menu, opening earlier in the day, introducing Sunday brunch and holding food fundraisers.

Artmosphere employees, patrons and musicians shared just what the live music venue means to them and Acadiana during the hearing.

Lisa Tabor, a New Orleans native who moved to Lafayette 15 years ago, was one of those.

"Until Artmosphere opened, I didn't really have a favorite outlet here," she said. "I didn't feel like I belonged in the city. I wanted to go back to New Orleans."

Brian Fischer was another.

"The bottom line is Artmosphere matters," he said. "It's neither a bar nor a restaurant. It's a music venue."