The state of Arizona suspended liquor licenses for the Life Time Biltmore gym near 24th Street and Camelback Road for defying the governor’s closure order. However, this does not apply to those who have an independent online liquor sales e-commerce license and to those who have already applied for liquor licensing.
The Life Time chain is among several in Arizona that said Tuesday they wouldn’t follow Gov. Doug Ducey’s order to close until at least July 27 to help slow the spread of COVID-19 as hospital capacity declines.
The Life Time Biltmore has two liquor licenses that the state suspended, one for a cafe and one for a rooftop bistro.
The Arizona Department of Liquor Licenses and Control said the gym’s operations are a risk to the community because of the potential spread of COVID-19 at the business, and that it has the authority to suspend the licenses of those that defy the governor’s order.
“The department took action against the liquor licenses of the two businesses, as each presented one of a number of enticements to continue regular operations at Life Time Biltmore,” Director John Cocca said in a press release.
The liquor department also issued two orders, one for each liquor license, dated Tuesday to the gym, that must be hung at the businesses and that prevent any business activity that would require a liquor license.
Spokeswoman: ‘Life Time is as safe as other businesses’
Minneapolis-based Life Time spokeswoman Natalie Bushaw said Wednesday the liquor licenses are for areas that serve food and therefore should not have been closed based on the governor’s order, which directed bars that don’t serve food to close.
“Life Time operates full-service, fast casual LifeCafes within our destinations under a Series 12 restaurant license, and not the Series 6 or 7 bars that were ordered to ‘pause operations’ under the Governor’s Executive Order,” she said. “As such, we’re working to clarify the basis for the suspension of the license and are confident our operations have been — and are — in compliance with the governor’s order since it took effect.”
And Bushaw said that the gym itself should be safe and not treated differently than other businesses.
“We can attest that our enhanced cleaning protocols and safety measures in our spacious destinations are in compliance with the guidance issued by the Arizona Department of Health Services with respect to COVID-19,” she said in an email. “Because of this and the ample space provided by our large health, fitness and entertainment destinations, we believe Life Time is as safe as other businesses, including those remaining unaffected by these revised restrictions.
Life Time has five gyms in the Phoenix area, plus a yoga training studio and an additional gym on the way, according to its corporate website.
On Tuesday, the gym announced on Facebook that it would defy the governor’s executive order and continued to post that message Wednesday.
“First, we can attest that our enhanced cleaning protocols and safety measures in our spacious destinations are in compliance with the guidance issued by the Arizona Department of Health Services with respect to COVID-19,” Life Time said on Facebook.
“Second, members have clearly indicated their desire to have uninterrupted access to fitness amenities and classes,” it continued, adding that gyms help people maintain health and that the company’s 1,500 workers should not be kept from working.
“Given the above factors, we have made the decision to re-open our fitness floor and related programs and classes to you, effective Wednesday, July 1,” the post said.
Governor’s Office: ‘This is a public health issue’
The Governor’s Office said Tuesday the order carries the force of law and that police can cite offenders for a misdemeanor, which carries a fine of up to $2,500.
“The governor’s executive order is clear,” Ducey’s spokesman Patrick Ptak said. “Gyms and other indoor fitness clubs or centers, regardless of size, shall pause operations until at least July 27. This is a public health issue, particularly among our younger demographic, and we are looking for cooperation and compliance from our business community in the name of public health. We know this is a sacrifice.”
Scottsdale police said Tuesday they cited one Mountainside Fitness gym with such a citation, and the CEO of that chain said the company had been cited multiple times Tuesday.
Mountainside sued the governor on Tuesday and filed for a restraining order to prevent Ducey’s order from shutting down that company’s 18 gyms in Maricopa County open for their 90,000 members.
“It’s not about Mountainside,” CEO and Founder Tom Hatten said Tuesday. “It’s about business and our choices and our civil liberties and where our leadership is taking us at this point in time.”
Judge Timothy Thomason has scheduled an emergency hearing in that case for Monday morning.
While some chains are defying the governor’s order, others are complying. Both Planet Fitness and LA Fitness chains have said they are closed in Arizona for the time being.
Ducey offered a possible reopening date of July 27 but said that was not set in stone.
Reach reporter Ryan Randazzo at ryan.randazzo@arizonarepublic.com or 602-444-4331. Follow him on Twitter @UtilityReporter.
