County Health Sends Tinhorn Flats Cease and Desist of Violations of Public Health Orders and Illegal Operations

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Councilmember Nick Schultz shared on his Twitter feed a letter that was personally delivered to Tinhorn Flats regarding their violations of County Health Orders regarding the pandemic.

MT

The City of Burbank has also sent the ownership a letter for a public hearing on February 22 at City Hall.

Here is the entire letter sent to the owner on January 12:

 

VIA PERSONAL DELIVERY

BurCal Apartments8715

Barfly, Inc., a California Corporation, dba Tin Horn Flats Saloon & Grill

Baret Lepejian, CEO, CFO, and President 2623 West Magnolia Boulevard

Burbank, California 91505

Re:      Cease and Desist of Violations of Public Health Orders and Illegal Operations at Tin Horn Flats Saloon & Grill

Dear Mr. Lepejian:

Your business, Tin Horn Flats Saloon & Grill, located at the property commonly known as 2623 West Magnolia Boulevard, Burbank, California 91505, and more particularly described by Assessor’s Parcel Number 2478-023-001 (“Property”), has been and continues to offer outdoor dining to the public during the novel coronavirus 19 pandemic (“COVID-19”), in violation of the Los Angeles County Public Health Officer Orders (“Orders”). The Orders provide that all outdoor seating areas are to be closed to the public and that restaurants are to be limited to delivery, drive-through, or carry out only.

HOA.103115790.1

Barfly, Inc., a California Corporation, dba Tin Horn Flats Saloon & Grill

Baret Lepejian, CEO, CFO, and President January 12, 2021

Additionally, your restaurant continues to operate on a suspended public health permit in violation of, including but not limited to, Los Angeles County Code sections 8.04.945 and 8.04.946, and Health and Safety Code sections 114405, 101040(a) and 120175. Your public health permit was suspended on December 12, 2020.

The County of Los Angeles (“County”) is facing an unprecedented public health crisis due to the spread of COVID-19. As of January 11, 2021, there were over 932,697 known cases of COVID-19 and 12,387 known deaths in the County. COVID-19 is a highly contagious disease that easily spreads when persons are in close proximity to each other without any COVID-19 protections. The Orders serve to protect the health and lives of County residents and reduce the spread of COVID-19. By allowing for outdoor dining during this pandemic, you are placing the health and safety of the employees, customers who are dining at the restaurant, and the community at large, at risk.

Illegal outdoor dining operations and operation of your restaurant on a suspended permit must stop immediately. You must take all necessary action to cease and desist all illegal operations at the Property. Within five calendar days of the date of this letter, please provide me with a written response outlining all efforts that you have taken to stop the illegal operations at the Property, as well as the evidence that such practices have stopped. The County Department of Public Health will inspect the Property to verify compliance with the Orders and this letter.

Be advised that violating the County Public Health Officer Orders is a crime punishable by a fine of up to $1,000 and imprisonment of up to 90 days. Cal. Health & Safety Code section 120295. Each day that your restaurant is in operation constitutes a separate offense. You are also liable for $500 in administrative penalties for each violation. If you continue to operate your restaurant and/or continue to allow outdoor dining you are subject to criminal and civil liability.

Should you fail to stop the illegal activity at your restaurant, the County will be forced to take all necessary actions, including initiating a legal action against you to stop the illegal activity, enjoin the unlawful business practices, and seek civil penalties and attorney fees, in accordance with Los Angeles County Code sections 1.23.010, et seq., Civil Code sections 3479, et seq., and Business and Professions Code sections 17200, et seq.

HOA.103115790.1

Barfly, Inc., a California Corporation, dba Tin Horn Flats Saloon & Grill

Baret Lepejian, CEO, CFO, and President January 12, 2021

The County looks forward to your immediate cooperation and compliance.

Very truly yours,

RODRIGO A. CASTRO-SILVA County Counsel

By

VANESSA MIRANDA Deputy County Counsel

Affirmative Litigation & Consumer Protection Division

MT

4 COMMENTS

  1. Section 113949 states a food employee must be diagnosed with an “infectious agent”. Is this the case? Has anyone currently working at the establishment tested positive?

  2. TinHorn Flats (TF) continues to operate, including outdoor dining, as I write this on the afternoon of Jan 19th. Burbank noticed them on Jan 8 to cure myriad violations within 10 days, which has now elapsed. LA County served them a cease and desist order on Jan 12, to be cured within 5 days, which also has now elapsed. That order cited, among other reasons, that their County health permit was suspended a month earlier, on Dec 12. TF’s liquor license expired Dec 31, which very likely will not be renewed.

    All of this in response to TF’s willful noncompliance with Covid-19 restrictions. This at a time when the virus is out of control, with well over 1 million confirmed cases in LA alone. I acknowledge the owner’s plight; another commenter suggested strategies to alleviate the loss of business, but Mr. Lepejian instead had long ago chosen to defy public health, endangering us all. Because of this, his covenant with the people of Burbank permitting TF to do business here is at an end. The train of conciliation left the station a long time ago.

    And still, TF continues to operate. Burbank Code Enforcement informed me that their hands are essentially tied: that the City’s next move is to hold a public hearing tentatively slated for Feb 22. This is unacceptable. What act would qualify closing this business immediately?

    Now is the time; not in another month, but now. Claiming that it’s the County’s responsibility is not good enough. Pasadena closed 4 restaurants for Covid related non-compliance back in November. They didn’t wait for the County to act, why should we?

  3. Leave TinHorn Flats Alone. America is all about Freedom not Bondage & Tyranny. If these government officials want that they need to move to a Communist Totalitarian Country!!!

    • Should we also leave businesses alone if they refuse to clean up rats and vermin and cockroaches and drip toxic chemicals into our food? Which health code violations restrict your “freedom” and which ones are for health reasons? Tell us.

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