NFT · Explainer
Flyfish Club NFTs and Gary Vee: Restaurant Access Explained
Flyfish Club sold membership as NFTs that unlocked a members-only restaurant in New York. This guide explains how the tokens worked, what access they gave, and what the SEC alleged in 2024.
By the DappsAtlas editorial team · Updated

What Flyfish Club was and why it got attention
Flyfish Club was a private dining club in New York City that sold its memberships as non-fungible tokens. Results describe it as a members-only dining club where membership could only be bought on a blockchain as an NFT. Its appeal was partly novelty: a seat at the table was a digital asset that could, in principle, be held, transferred or sold.
The idea combined two things. One was a conventional private dining club, with a restaurant, bar and events for members. The other was a token model in which the token itself acted as the membership card. Holding the token was the way to get in, rather than paying a recurring fee or being approved by a committee.
The project drew wide press attention when it launched in early 2022. Several outlets called it the first NFT restaurant. Most of that coverage focused on the concept and the sale, so it is worth reading later reports as well to see how the project developed.
If you are researching Flyfish Club now, treat it as a case study. It shows how a physical business can use NFTs as access tickets, and it shows the legal and practical questions that follow when a token is sold to fund that business.
How the membership NFTs were sold
According to press coverage from January 2022, the club released 1,151 membership tokens on January 7 of that year. One outlet reported a price of about $8,000 per token at release. Another reported a standard membership at 2.5 ETH. Both figures describe the sale at a particular moment, and they are not current prices.
NFT memberships were sold on the blockchain, which meant that ownership was recorded on a public ledger. Buyers paid in cryptocurrency and received a token into a wallet. The token then served as proof of membership when a holder visited the venue.
The sale was presented as an allocation of limited supply. Because the tokens were fixed in number, early buyers were effectively buying a place in a capped group. Later coverage said the memberships sold out.
When you read about the sale, separate three things: the original price, the value of ETH on the day of purchase, and any price on a secondary market. These three numbers can differ widely. Only the first is a historical fact from the reporting. The others change constantly and should be checked on the date you need them.
What access the NFTs were supposed to give
Results say that membership tokens were not all the same. Some outlets reported that the NFTs distinguished regular members from VIP members, and that VIP holders had access to different rooms in the restaurant. This kind of tiering is common in private clubs, where the most exclusive spaces are reserved for the most senior members.
The token acted as a key. Holding it meant the holder could book or enter, according to the rules the club set. Reporting from 2022 said that all token holders would be granted access to the main restaurant once it opened, and that the main restaurant was planned as a seafood-focused venue with a raw bar.
The value of such access depends on whether the venue is operating, how it is run, and whether the club keeps honouring the rules it set at sale. A token that unlocks a room in a restaurant is only as useful as the restaurant itself.
When assessing any NFT that promises access to a physical place, ask four questions. What exactly does the token unlock? Who controls the venue? What happens if the venue closes or changes its rules? And does the token's value depend on the continued operation of a business rather than on the token alone?
Gary Vee's connection to the project
Gary Vaynerchuk, known as Gary Vee, is a well-known entrepreneur and media figure who has talked publicly about NFTs and digital collectibles for years. Flyfish Club was publicly linked to him when it launched, and that connection helped draw attention to the sale.
The results you have do not set out his exact role in detail. Reporting uses a range of language, and some of the more specific claims about who did what are not confirmed in the sources provided. Treat any claim about his stake, title or responsibilities as something to verify against primary sources, such as the club's own announcements, official filings, or reporting that cites documents.
A high-profile name can influence how people perceive a project, but it does not change the underlying facts. Whether a token gives access, whether the sale complied with applicable rules, and whether the venue delivers what was promised are questions that depend on documents and conduct, not on the reputation of anyone associated with the project.
If you are reading about Flyfish Club because of Gary Vee's involvement, the most useful step is to find the earliest primary sources, then compare later reporting against them. That will show you which claims are established and which are commentary.
What the SEC alleged in 2024
In September 2024, a report on a financial and digital-assets news site said the US Securities and Exchange Commission had alleged that the Flyfish NFTs were issued to the public to finance the construction and operation of a members-only restaurant and club. This is the central legal question around the project.
An allegation is a claim made by a regulator. It is not a court finding, and it is not the end of the story. The SEC's position, as reported, is that the sale of tokens to fund a business can amount to the sale of an investment contract, which would bring securities rules into play. Whether that view applies here depends on public sources and on how the case proceeds.
The general principle matters beyond this one project. When a token is sold to raise money for a venture, buyers may reasonably expect a return, and that expectation can be a factor in whether the token is treated as a security. This is why NFT sales that raise funds are often examined closely by regulators.
For readers, the lesson is not to decide the case on your own. Read the regulator's own statement and any court documents, and look for updates. Do not rely on a single summary, including this one.
What the SEC allegation means for holders
A buyer who purchased a membership NFT in 2022 may be asking whether the token is still valid and whether they have any rights or remedies. These questions depend on the terms of sale, the jurisdiction, and the outcome of any proceedings. This guide cannot answer them, and no general article should.
There are practical steps worth taking. Keep records of the transaction, including the wallet address, transaction hash, date and amount paid. Save any terms or messages you received from the club. Note whether the token is still in your wallet and whether it is still listed as held.
If you are worried about a loss, consider speaking to a qualified lawyer in the relevant jurisdiction. Legal advice is specific to facts you may not yet have, and the time limits for claims can be short.
Avoid any offer that promises to recover money for a fee, especially one approached through social media or direct messages. Recovery scams often target people who have already lost money on a project.
How to check the current status
Because Flyfish Club's status is the most important question for anyone holding or considering a token, it helps to know where to look. Start with the official channels the club used at launch. Check whether the website, social accounts and contact details still work and whether they say anything about the venue's status.
Next, look at primary regulatory sources. The SEC publishes its complaints, press releases and litigation releases. Search for the case name and check the dates of any updates. Court records, where a case is filed in federal court, are typically available through public docket systems.
Then check the blockchain itself. You can view the token and its transfer history in a block explorer for the relevant network. This shows whether the token has moved and who has held it, but it does not tell you whether the venue is open or whether the token still gives entry.
Finally, look for dated reporting from established outlets. A story written in 2022 will not describe the situation in 2026. Compare the most recent dated report with the regulator's record, and do not treat undated posts as current.
Resale value and secondary markets
After the primary sale, membership tokens could in principle be traded on NFT marketplaces. Prices in these markets depend on demand, the perceived value of access, and the legal uncertainty around the project. They can move sharply and may fall below the original sale price.
If you are considering buying or selling a token on a secondary market, bear several risks in mind. The token may not give the access you expect. The seller may have information you do not. Prices can be inflated by a small number of trades. And the legal position may change in a way that affects whether the token can be sold at all.
Marketplaces such as OpenSea, Element Market and Rarible let users browse and trade NFTs, but a listing on a marketplace does not confirm that a token is valid, that the venue is open, or that the sale is lawful. Check the token contract, the transaction history and the project's latest statements before you transact.
Never pay with money you cannot afford to lose. Be wary of unsolicited offers to buy your token at a premium, as they can be used to pressure fast decisions. Confirm the transaction details in your wallet before you approve any request.
Lessons for judging NFT-based access
Flyfish Club is useful for understanding a pattern that appears across NFT projects: a token sold as a membership, pass or key, with value tied to a real-world business. Several lessons follow from its history.
First, a token that grants access is only as strong as the operator behind it. If the operator fails, changes the rules or faces legal action, the token's utility can be lost or contested.
Second, fundraising through tokens can attract regulatory scrutiny. Where a sale is presented as a way to fund a venture, buyers and regulators may look at it as an investment. Read the regulator's position before assuming a token is outside securities rules.
Third, hype is not due diligence. Press coverage of a novel concept can spread quickly, but it rarely settles the legal or operational questions. Look for dated, verifiable facts and avoid decisions based on social momentum.
Fourth, record-keeping matters. Keep a clear file for any token you own, with the transaction details, terms and correspondence. That file is the first thing you will need if you have to check a claim, sell a token or speak to an adviser.
The Flyfish story is a reminder that NFTs can represent many things, from art to access to fundraising instruments. Knowing which one a particular token is requires reading its terms and checking public sources, not relying on the label.
Frequently asked questions
Did the SEC rule against Flyfish Club?
Results show the SEC alleged in September 2024 that the NFTs were sold to the public to fund building and running a members-only restaurant and club. That is an allegation, not a finding. Check the SEC website and court or agency filings for any later outcome before drawing conclusions.
Was Gary Vee involved with Flyfish Club?
Flyfish Club was publicly linked to Gary Vaynerchuk, widely known as Gary Vee. Verify the exact nature of his role in primary sources such as the club's own announcements and press coverage, since the results you have do not spell it out in detail.
How much did a Flyfish Club membership cost?
Results describe a standard membership price of 2.5 ETH at the time of sale, and a first release of 1,151 membership tokens at about $8,000 each in January 2022. Ether prices move constantly, so the dollar value of any ETH price is only meaningful on the date you check it.
Does owning a Flyfish NFT still get you into the restaurant?
Results indicate that a Flyfish NFT was needed to enter the club, and that some token tiers gave access to different rooms, with VIP holders getting more. Whether any token still gives entry depends on what the operator has actually built and what its published terms say, so check those directly.
What should a buyer check before buying a membership NFT?
Read the official terms of any NFT before buying, confirm the current legal and operating status with the issuer and regulators, and avoid spending money you cannot afford to lose. This is general information, not financial or legal advice. Speak to a qualified adviser in your jurisdiction if you are considering a purchase.
Mentioned in this guide
dApps in this guide
OpenSea is a peer-to-peer NFT marketplace for buying, selling and minting digital collectibles, aimed at collectors, creators and developers.
Element Market is a multi-chain NFT marketplace and aggregator for collectors and traders buying NFTs, collectibles and GameFi assets across many blockchains.
Rarible is a multichain NFT marketplace whose RARI token governs the protocol, RARI Chain and Foundation treasury, for creators, collectors and token holders.
Save, formerly Solend, is a Solana lending and borrowing protocol where users earn interest on deposits or borrow against collateral.
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