Restaurant owner Nicky Rapoza of Nowhere Bar and Grill, formerly North Street Live, was cited by the Kinston Fire Department for endangering life because his establishment does not have a sprinkler system.

“Rapoza was cited for a life safety issue,” said Deputy Fire Chief Ernie Davis. “This was established by his Facebook post, a Facebook Live video, and a detailed police report.”

Davis referred to the 2009 Fire Prevention Code approved Amendments, specifically Group A-2 Sprinklers Nightclub which states that an establishment meeting these requirements is defined as a nightclub: has a posted capacity or occupant load that exceeds one occupant per 15 square feet, provides live or recorded entertainment by performing artists, and serves alcoholic beverages.

“Based on his actions he turned it from a restaurant into a nightclub. By doing that he would have required a sprinkler system,” said Davis.

Rapoza disputes the distinction and states he owns a restaurant, not a nightclub, as he has had live entertainment, charged a cover fee, and dictated age requirements when the restaurant was known as North Street Live.

“How is your department writing me a ticket, when you just approved me to open,” said Rapoza. “In the past when I was North Street, I used to employ members of the police department. How was I not in violation then, but now I’m in violation?”

Rapoza feels as those he’s being targeted and will seek legal counsel should he continue to receive violations from the city. He wants all the rules to be applied fairly and has taken to social media to get his message out.

“If I was doing something completely illegal in here, I could understand it. I don’t cut corners, I do everything they tell me I have to do to operate,” said Rapoza. “I’ve been doing the same thing for four years, and it’s never been a problem.”

Under Governor Cooper’s Executive Order 155, the state remains in Phase 2 until at least 5 p.m. on Sept. 11, 2020, which dictates that bars and nightclubs must remain closed. The Kinston Police Department also cited Nowhere Bar and Grill for violating the governor’s executive order by operating as a nightclub.

Gov. Cooper is expected to announce an easing of some Covid-19 restrictions on Tuesday.