NOTE: This story was updated 3/16/21 at 3:25 pm for the Judge’s name and Orders
On Tuesday, March 16, the City of Burbank once again returned to court and asked permission to have padlocks installed after Tinhorn Flats refused to cease operations after having their power cut on Saturday, March 13, as also ordered by the court.
This time the judge (Hon. Mitchell L. Beckloff) granted their request.
The Court authorizes the City to padlock the doors
and/or change the locks to Tin
Horn Flats Saloon/Bar & Grill (“Tin Horn Flats”), and/or otherwise prevent
Defendant Barfly, Inc. and its agents, employees, representatives, and all persons
acting under, in concert with or for it, from entering or accessing Tin Horn Flats (to operate a food facility or restaurant) until Defendant Barfly, Inc. obtains all valid and legally required permits to
operate Tin Horn Flats.
It was also noted in the court document supplied by the City:
Should Barfly, Inc. wish access to the property for some purpose other than food service, the City shall work with Barfly Inc. to provide such access. The proposed use, however, must otherwise comply with law. Access to the facility shall be facilitated by counsel. Access shall be permitted hearing on readable notice.
According to the City, this is an update to the Order of March 12 that allowed them to cut power as of 9:15 am on Saturday.
Burbank Mayor Bob Frutos had the following to say when reached by email about Tinhorn Flats. “Tinhorn Flats continues to openly defy not just the City and County but now the court, by remaining open and running a generator
Every day that this continues, the public loses faith in their elected officials and their ability to act to protect their health and safety. As a City of course there is concern that future nuisance offenses may go unreported because the public believes nothing will happen even after the City Council and the Court acts. Allowing an egregious and flagrant offender to continue to disregard County and City laws, and valid court orders unabated, sends the wrong message to our community about government capacity. It is important to note; however, Burbank’s business community has done a remarkable job of adapting during the pandemic.”
The City Council is always looking at ways to better Burbank. In this instance, however, due process needed to be followed and the City’s remedies are now with the court.”
Back on February 22, the City held a public hearing and revoked the CUP for Tinhorn Flats for the following violations:
Condition of Approval No. 31: “The applicant shall comply with all federal, state, and local laws. Violation or conviction of any of those laws in connection with the use will be cause for revocation of this permit.”
Condition of Approval No. 32: “Project No. 11-0000126 may be modified or revoked by the City should it be determined that the use or conditions under which they were permitted are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the use is maintained so as to constitute a public nuisance.”
The City also cited the Burbank restaurant for “not meeting the Burbank Municipal Codes that require a restaurant to hold a valid health permit to operate and for refusing to obey the lawful orders of the director of County Health.”
On March 12, the City went back to court on to modify their temporary restraining order (TRO) and ask for the ownership of Tinhorn Flats to be held in contempt after the restaurant disregarded the court’s order to close on Monday, March 8. Burbank issued a statement at that time that said:
This morning due to Barfly Inc., Tin Horn Flats, continuing to remain open in defiance of the Temporary Restraining Order issued on March 8, 2021, the Los Angeles Superior Court authorized the City of Burbank to disconnect the electricity to Tin Horn Flats’ property after giving 24-hours’ notice. The court did not provide permission to padlock the doors at this time but continues to reserve such a remedy as a last resort.
When asked by email on March 12 when the City would give Tinhorn Flats notice, Simone McFarland of the Public Information Office said the City has not come with a definite date yet to start the 24-hour clock. In fact, notice had probably been given because Burbank Water and Power along with Burbank police were there the next day around noon to cut the power to the building.
Tinhorn Flats remained steadfast in their desire to stay open and with help from customers who brought in generators, remained open and served the public.