Court Grants City of Burbank’s Request to Padlock Doors Shut at Tinhorn Flats

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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:

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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 despite the Court ordering their electricity turned off.  The City will now seek Court authorization to padlock the doors until Tinhorn Flats obtains all legally required permits to operate.

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.”

When asked if the City Charter should be changed so the City has more power in the future, he said, “Earlier this year, the City Council considered whether we should study creating our own Health Department and asked staff to bring the item back during budget season.  

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.

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29 COMMENTS

  1. This just proves, money talks and BS walks. Who in this city was being PAID OFF that caused this all to take so long? I’ve seen restaurants closed in less than FIVE MINUTES when a violation took place, but this has taken MONTHS. You cannot convince me that the powers that be in Burbank did not DELAY in their actions intentionally. It ALL depends on who you know here, which has been proven by how long this has taken and the lax attitude toward enforcing the codes. If you’re not ‘in’ with someone here, expect to be shut down immediately. If you DO have friends in higher places, you can do whatever you want despite the law. At this point, the padlocking of THF is nothing but theatre to PRETEND the codes have teeth. Yeah, teeth like grandma’s dentures.

    • Your ignorance is intergalactic in scope. The only reason this business is still open is because they had the GUTS to refuse to follow these pathetic ridiculous rules that protected NO ONE. Target, Costco, movie sets feeding their drews ALL allowed to remain open because they had BIG MONEY and LOBBYISTS, loser.

      • Amen! Couldn’t have said it better myself! I am appalled at this situation! It’s proven these lock down ‘rules’ that are forced on us is just a power grab by government! Masks do nothing but allow crooks to go unidentified by security cameras. when tax revenues are short They only have themselves to blame! I’m moving to Florida where the citizens are still free!

  2. This has nothing to do with “health and safety”. Dining is back. So, give them a fine and move on. After all, Haven’t we seen enough businesses destroyed already?

  3. Who or what will prevent them from cutting the padlock and opening anyways? I mean, they’ve been running a restaurant with no permits, no electricity, in open defiance of closure mandates, defiance of mask mandates, and on and on and on. Why would a lock stop them at this point?

    They go on and on about how the police are on their side and BPD isn’t doing anything to change anyone’s mind about that.

      • Yes, good job, replying to my post about how a padlock won’t work by saying I can’t stop you with a padlock. Excellent work.

        I thought my neighbors were so much smarter than this. The ones I talk to in my neighborhood ARE smarter than this and actually care about each other.

        Cant wait for this Tinhorn to suddenly and mysteriously explode as soon as they’re bored with their 15 minutes of being slobbered over by the GQP.

  4. No doors there now, communists. They removed them. What are you going to do now? Burn the place down and execute the owners?

    Don’t you people have something better to do?

  5. “Every day that this continues, the public loses faith in their elected officials ” The public lost And you think totalitarianism is going to help you restore it? Good on Tinhorn Flats. “Don’t tread on me.”

  6. What is wrong with the city of Burbank? It’s terrible what’s happening to this family.

  7. If it’s true that they have now removed the doors and continue to operate, at what point can the city just have these idiots thrown in jail?

    • Kind of hard to justify throwing them in jail when they are letting out convicted felons with serious crimes go free due to Covid fears. Yes, Mr. rapist you go free, we need room for the people daring to open their business in defiance of us.

    • The idiots are the Burbank “officials” and Damon. There is no science that shows with 100% evidence having a restaurant open will cause death to others. The liberals in the US have grown way too many idiots like Damon for this country to function in an effective manner. Tinhorn Flats, you are applauded by MILLIONS of people across this teetering-on-the-brink, great country! Keep it up, earn a decent living and help your community by serving and employing those within it!

  8. ALL businesses are essential if you’re feeding your family, you spineless, chickens**t covidiots….. maskholes….. lockdowns DON’T work…. follow the science, the REAL science you morons. Do you not understand that it’s just as easy to pay off a “scientist or doctor” to say what you want???? Just as easy as a politician…. derp. Wake up Californians!!!!! Take your state back…. these people are intergalactically inept nimrods……

  9. While I’m sorry Burbank is losing another business, the owners of THF have been given every opportunity to operate within the law. It’s unfortunate that politics is being used as an excuse in this instance.

    We’re in a pandemic and special guidelines have been needed to curtail the transmission of this deadly virus. THF has chosen to ignore pandemic guidelines and operate a bar and restaurant in a highly transmissible situation. There’s simply no excuse for these actions. While other businesses have complied, and yes, taken a hit to their income, THF has chosen to flaunt guidelines and endanger their customers and the surrounding community.

    The City of Burbank and the City Council have made the right decision in this case and are to be applauded for their courage in the face of divisiveness, hated and abusive behaviors. We must all stand together to stop the spread of Covid-19.

    • Operate within the law??? What specific law or laws can you point out showing THF is not following the actual law? I have a nice fine bridge to sell you…

      • You guys really need to read up on the Constitution. The 10th Amendment makes all of THIS (the mandates, closings, etc.) legal.

        If you’re gonna go on about your freedoms, you should know them first.

    • I’m glad some of us are still proud to live here. I’m seriously wondering if I should start looking elsewhere.

      Kidding. Mostly. Thank you for your sensible post, it does give me hope. I know the Tinfoil Hats think they’re in the vast majority but they’re very clearly not. This whole thing has been like watching a small child having a tantrum in slow motion.

  10. The tyrannical overreach of government destroyed a business for no rational reason except to display unbridled power to crush an innocent party trying to legitimately earn a living. Where are all those overcrowded hospitals and ICUs filled by restaurant goers? Why have supporters of this totalitarianism not come up with any cases of Burbank restaurants causing ICU hospitalizations? The anti-science, power grabbing hysteria displayed by this city is a blot that has earned national attention. This restaurant and all others deserve reparations for the unconstitutional government seizure of their property without compensation.

  11. They have continued their blatant defiance of the laws and regulations in place to protect citizen’s safety for months now –
    and apparently continue to do so. People who are justifying this based on their supposed knowledge that mask mandates and closing indoor dining doesn’t work (contrary to every respected medical professional) are missing the point. Just because you think that traffic lights are stupid or a violation of your civil liberties doesn’t mean you can just ignore them and do whatever you please (putting everyone else at risk). Laws are in place for a reason – you don’t have to agree with them, but you do have to obey them or face the consequences.
    It’s time to permanently pull their liquor license.

Comments are closed.