Proof 22, the barbecue-themed bar and restaurant on Main Street, has been closed for several days, prompting questions about why it’s not open for business during the busy summer season.
So far, the restaurant’s owners have offered three explanations for the shuttering.
“We’ve made the decision to remain closed for the rest of the summer to give our staff a well-deserved break,” it said in a Tuesday Facebook post that has since been taken down. On Wednesday, a sign on the front door said: “Closed today for routine maintence (sic). We will reopen tomorrow!”
But as of Thursday afternoon, the sign was still up, and there was no indication of activity inside.
The shuttering appears to be at odds with state and local regulations.
When establishments that hold a liquor license close temporarily, they must notify the town, according to Lisa Johnson, the town’s licensing and insurance assistant, as well as the state Alcoholic Beverages Control Commission.
As of Thursday, Johnson said, she had not received notice from Proof 22.
Allan Costa, an attorney representing Proof 22, offered yet a third reason for the closing in a letter he sent to the Select Board Thursday. It was read to a reporter by someone with knowledge of the situation who did not want to be identified.
“In order to re-evaluate its management options, it’s requested that Proof 22 be allowed to close for a temporary period of time which is not expected to last more than through the Labor Day holiday,” wrote Costa, who is a partner with the law firm Triffletti & Costa. “At that time, we will notify the town of our client’s intent going forward.”
The letter did not say why the restaurant closed. Its owners aren’t talking, either.
Neither Peter Lucido nor Paul Tupa, co-owners of Proof 22, Tavern on the Wharf, Plymouth Public House, in Cedarville, and the new Shanty restaurant being built on Town Wharf, responded to requests for comment.
But the owners have had their share of trouble recently.
In May, the family of a 20-year-old Plymouth man killed in a single-vehicle car crash in October filed a $1 million lawsuit against Proof 22 and Tavern on the Wharf, alleging that bartenders served him for hours before the crash without asking him for identification. Benjamin Ruley died less than half an hour after leaving Proof 22, where he had spent four hours socializing, according to investigators.
In July, Tavern on the Wharf filed a third-party complaint against two adult friends of Ruley’s who allegedly bought him drinks there before he headed to Proof 22, arguing that they were therefore at least partly liable.
The ABCC alleged Proof 22 violated licensing laws twice in 2024, one for serving alcohol to someone under 21, and another for serving an intoxicated person.
ABCC also alleged that last year Tavern on the Wharf violated the law by serving an underaged person.
Hearings on the three alleged violations are scheduled for Sep. 9.
In January, the state also slapped Tavern on the Wharf and Plymouth Public House with fines of nearly half a million dollars for violating labor laws, including regulations on child labor, sick time, wage and hour compensation, and payroll records.
Just a week ago, Proof 22 was promoting upcoming events on its Facebook page. “Beads & Besties!” the last one read. “Come between now and 8 pm and make your own pens, keychains, charms and more.”
On Thursday afternoon, a woman passing by the darkened restaurant peered in a window and asked a question that many people want to know the answer to: “Do you know why they’re not open?”
Fred Thys can be reached at fred@plymouthindependent.org