The city issued a Notice of Violation and Notice of a Hearing to the bar, asking that it stop offering on-site dining on its patio and indoor dining room, reduce operations to a takeout and delivery-only model and require staff to wear masks at all times – all requirements of public health orders. The city also requested the bar stop selling and serving alcohol to under-aged patrons.
“The continuing operation of indoor dining, outdoor dining and use of the patio and other incidents at Tin Horn Flats Bar & Grill have resulted in the creation of a public nuisance,” the notice stated.
The notice gives Tin Horn Flats 10 days to cure the violations before its permit may be revoked. If the bar’s permit is pulled, it would become illegal for it to operate in any capacity, and continuing to operate could result in larger fines or even arrests.
Tuesday’s notice “follows many conversations and notices issued requesting the owner to comply with COVID-19 orders,” according to a statement issued by the city. The notice acknowledges the bar has also received at least one Notice of Violation from the state department of Alcohol and Beverage Control.
Tin Horn Flats reopened its outdoor dining space Dec. 10, flouting county and state rules. The bar advertised the choice on social media as a “peaceful protest” against “tyrannical mandates and closures.”
The bar’s owner, Baret Lepejian, has come under fire for posting on social media angry rants decrying the use of masks and questioning the seriousness of the coronavirus, which has killed more than 375,000 people in the U.S. and more than 30,000 in California.
Lepejian could not be reached for comment.
Burbank Mayor Bob Frutos said in a statement: “This is a difficult time in history. The City Council is often being pulled in different directions that don’t always align but we have mandates to protect our community and comply with state and county orders. It is the Council’s hope that the owner of Tin Horn Flats will comply with his (Conditional Use Permit), state and county mandates that currently allow only take-out or delivery service.”