City of Burbank Responds to the Public About Tinhorn Flats Health Order Enforcement

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The City of Burbank has received a number of inquiries in regards to enforcement of the latest Los Angeles County Public Health COVID-19 Orders requiring business closures; and in particular, the City’s response to Tin Horn Flats refusal to obey the recent Public Health Order to close restaurants.

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Within the City of Burbank, we follow a 3-step process:

  • When the City receives a complaint Code Enforcement speaks with the business and reminds them of the Order requirements – it is all about education.
  • If we receive a second complaint, Burbank Police will make a visit and again attempt to educate.
  • If there is non-compliance or a third complaint, then the matter is referred to the County Public Health Office for enforcement.

When it comes to restaurants/bars the County and State have the tools to close a business, if necessary. 

  • The County could suspend their health permit, which Public Health issues to the restaurant to prepare and sell food.
  • The State Alcohol Beverage Control (ABC) can suspend or revoke the liquor license.
  • Both actions are powerful tools that the City doesn’t have at its disposal.However, to suspend or revoke a license takes time – notice and a hearing and a right to appeal.

Most of the cities that have their own prosecutors try to gain voluntary compliance and some will use administrative citations, like Burbank is doing to enforce our face covering order. Most do not resort to criminal citations. 

The City believes the County should take civil legal action to close a business because it is a County Order.  At this point we are aware of the County filing a civil suit against a church and some gyms that have been in non-compliance with closure orders.

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Through this process, City staff continues to actively cooperate with Supervisor Barger’s office and County Public Health on enforcement issues. 

With respect to Tin Horn Flats enforcement, the City followed the above explained process.  Also, the City proactively contacted the County and the Burbank Police Department contacted ABC and asked for their assistance.  Code Enforcement spoke with the business and members of the Burbank Police Department visited the business last Thursday night.  Again, these contacts were to encourage voluntary compliance with the closure orders.

It is our understanding that County Public Health has visited the business several times and has issued citations for violating the closure orders.  Further, County Public Health has started the process to suspend their health permit.

State ABC visited the business last Friday and have issued a “Notice of Violation,” which starts the administrative process to suspend a liquor license.   They plan to visit the business again this week to see if they have come into compliance and if they have not, they may proceed with a suspension process of their alcohol license, which is inclusive of a hearing and appeal. 

There is no magic bullet to just close a business that is not voluntarily complying with health orders. In most situations a license or permit holder is entitled to a hearing before a permit can be suspended or revoked. Even if a license is suspended or revoked, if the business does not close voluntarily, a court order is needed to close the business. 

Both the County and ABC have active enforcement actions pending.  The City will continue to monitor the situation and actively engage with County Public Health, Supervisor Barger’s Office and ABC concerning their respective enforcement actions.    

While we completely understand how challenging this situation is for residents and businesses that are complying with the Health Orders, please know the appropriate governmental agencies are involved and are taking the necessary steps to address this businesses non-compliance with the County and State Orders.

10 COMMENTS

  1. FYI: Two weeks ago,, the U.S. Supreme Court has ruled to allow church services in New York, and Circuit Courts around the country have remanded their similar cases, thus lifting enforcement of severe restrictions on religious services.

  2. Tin Horn is really an Area for Protesting. Myself, I have never been to the establishment. But, I respect the right to voice ones opinion in a forum. I suspect protesters are also opting for “to go” food and drink. Which is allowed at this time.

  3. The county DOES NOT have any more UCI beds and you want to drink alcohol?
    Obey and comply. Law and Order. Not anarchy.

  4. The city needs to step up, close this business and file charges immediately. Tinhorn Flats has been warned many times, and has racked up multiple citations, including at least 2 county violations. So far, Burbank merely chooses not to prosecute. That certainly does not mean they can’t. I would be surprised to find that an immediate closure would not be granted in this egregious case. The City of Burbank has a responsibility to its public to excise this malignant business from continuing here. I believe they must act, and now, before others take advantage of this apparent complacency.

    Operating a business in Burbank, or any community for that matter, is a privilege that carries minimal responsibilities and obligations to that community. Local laws are to be followed and local authorities obeyed. Tinhorn Flats has decided to “protest” local and state temporary covid-19 restrictions at practically every turn, and in doing so actively betray the public good. They might as well start firing rounds in the air every midnight to celebrate their independence . . .

    Tinhorn Flats is acting as more than a public nuisance: as an absolute menace. Currently remaining open for in-person dining in their confined outdoor space behind the restaurant, they operate as some kind of in-the-open Covid-19 speakeasy, only in this case their flagrant disregard for public health restrictions promises to make them not a naughty-but-hip watering hole, but a malevolent super-spreading hub. This 2 days into the complete breakdown of ICU capacity in Los Angeles county. If only we had effective testing and contact tracing, we might know what damage this business is wreaking . . .

    Tinhorn Flats also appears to enjoy telegraphing their defiance to the public through mainstream and social media, as if they are underdogs to be championed, but in doing so they help spread disinformation to others who may be encouraged to feel their personal business’ interests outweigh the public good. They don’t.

  5. The pandemic doesn’t care what your beliefs are. You don’t have a right to put others in danger. Legal precedents allow the government to impose restrictions on public gathering in the case of pandemics. It’s not the first time this has happened. Everyone is more concerned about not being told what to do than protecting human life. That being said, the jackasses in Washington DC are not reacting the way other countries are toward individuals and small businesses. They only care about the big boys. This is both parties. Research what other countries are doing for their people. The US is first in the virus and last in the response.

  6. And now a violent brawl in front of this illegally open bar has sent a man to a trauma center and his two attackers to jail. Thanks Burbank City Council for turning this once nice city into a shit hole!

  7. If you’re afraid to catch “covid”, DON’T GO OUT. You’re a bunch of pathetic people who enjoy seeing businesses and families ruined. You’re the ones who should be ashamed at your naked desire to control others. Do your research about pandemics, why the definition recently changed, and the real numbers of deaths. Stay strong Tinhorn! Your community supports you all the way!!!!!!

    • I’ve done my research. Know multiple doctors in the front lines. I’m getting my info from them and not the media. And they’re saying it is incredibly bad right now at their hospitals. And that many of the survivors of the disease are suffering long term effects that will haunt their health and our economy for years to come. So it’s not just about the mortality rates. There’s a far bigger picture here.

      People who haven’t complied have created this problem. And it’s a shame that businesses are suffering because people could sacrifice Thanksgiving for ONE TIME and instead chose to blatantly see people outside their immediate households and create super spreader events. No shock that we’re now seeing a surge following that holiday, even though the medical community BEGGED people to have Thanksgiving with their households this year. Or that maskless underground bars and clubs continued to operate – and advertise across social media – for months causing the virus to remain present.

      Having pandemic huge e should never have been politicized. The idiots in leadership politicized a public health crisis and now business and people are suffering.

      No one enjoys seeing businesses or families ruined. We also don’t enjoy seeing blatant disregard for the health of an entire community. HOW CAN WE STOP COVID FROM SPREADING IF BUSINESSES AND PEOPLE DISREGARD THE RULES????

    • “Your community supports you all the way.” – No they don’t. Nobody needs a restaurant that defies orders while others comply. It’s an awful time to be sure as a business owner, but nobody agrees you should be able to put your customers in a harmful situation. That’s why we have health laws. What’s next when Covid finally subsides? Are you just going to serve spoiled food because the ‘the community supports you’? Follow the rules, and don’t add to the problem.

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