'Hopsicles' touch off a legal flap

An Alexandria, VA, restaurant that has been serving beer popsicles claims it is doing nothing illegal. The Virginia Alcoholic Beverage Control disagrees.

The flap began when the Associated Press wrote a story about Rustico and head chef Frank Morales (right).

A restaurant spokesperson told The Washington Post for a followup story that Rustico is "following the letter of the law" when it comes to the frozen treats. She said the restaurant's legal counsel says that because Morales is keeping beer that is being used for cooking — in this case for the popsicles — separate from beer that is being served at the bar, the "popsicles are an extension as a food item."

Not so, says ABC. Spokesperson Kristy Smith said the interpretation is off base and that the agency will send an agent to the restaurant in the near future for an inspection.

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