A judge on Monday, March 8, ordered the closure of Tinhorn Flats after a civil suit was filed by the City of Burbank after the restaurant refused to close after losing both its Health and Conditional Use Permit (CUP) to operate.
Burbank filed the civil suit after last week and asked the court to not only close the restaurant but give Burbank the power to disconnect electricity and padlock the doors. The hearing, originally scheduled last Friday, was continued to today where the judge issued his ruling but did not grant Burbank the right to turn off electricity or padlock the doors, although he ordered the restaurant to be closed immediately until the next hearing later this month.
According to a release issued by Burbank, “The hearing on a preliminary injunction is scheduled for March 26, 2021. At this hearing, the judge could continue the closure order and add further orders during the period while the litigation is pending. If Tin Horn Flats continues to refuse to close, the City will return to court for further orders and enforcement.
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.”
I don’t celebrate that a business is being forced to shut down. However, I AM celebrating that the city has enacted consequences for a business that flouted all the rules when they were repeatedly given the opportunity to follow the rules.
Supporters of Tinhorn Flats will say that Burbank is violating their rights. I argue that Tinhorn Flats’s rights were not violated. They made a choice as a free member of this country, and they chose to ignore the rules.
Play stupid games, win stupid prizes.
Well said
This is beyond ridiculous. Covid spread inside anything indoor outdoor business is utter bs. We can pack Costco, planes, but we can’t social distance inside a restaurant. Only Cali and the psycho liberal politicians are like this. No other state. Recall newsom, Garceti and every power drive. Dictator liberal.
Any intelligent individual who pays attention to scientists and the news understands the risks of not adhering to the stated guidelines. We’re in an unprecedented situation with the pandemic and we’re all learning on the fly. I believe our elected officials are trying to protect us and preserve the business interests of the city of Burbank and the state of California.
Governor Newsom has done nothing that deserves a recall. The Burbank City Council, likewise, has only sought to close a business that flaunted important pandemic guidelines and abused and insulted an inspector whose only offense was to do her job. If you watched the video of her inspecting THF, you understand just how egregious their conduct was and how deserving of this shutdown they are.
Politics has nothing to do with this outcome, but common sense surely does.
To “Proud Burbank Resident” – I am intelligent, pay attention to scientists and the news and can confidently say that you are wrong. No one has provided any scientific data to show that restaurants, nail salons or gyms are generating Covid-19 outbreaks that warrant these businesses being singled out and shutdown. Please convince me that I am wrong and post a link to such data. I dare you…
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