Bethany Clough

Fresno code enforcement busy with complaints of businesses violating coronavirus closure order

At least 120 businesses in Fresno have recently been visited by code enforcement due to complaints they were open and allegedly violating the city’s emergency order during the coronavirus outbreak, The Bee has learned.

So far, the city has received 337 total complaints of businesses being open that shouldn’t be. It’s received 261 complaints of price gouging.

In mid March, the city of Fresno ordered that all non-essential businesses close to help prevent the spread of COVID-19. Restaurants were ordered to serve food only through takeout and delivery.

Just three businesses – all tobacco shops – have been fined. Cigarette Store in southeast Fresno, 559 Cigarettes near downtown and High Society Smoke Shop 2 in central Fresno each received $1,000 administrative citations for operating when they should be closed, according to city staffers.

Super Liquor on the Figarden Loop was fined $10,000 for allegedly selling bottled water at an inflated price. And the Arco AMPM at 780 E. Nees Ave. was fined $1,000 for not posting a price gouging notice.

As for the 120 businesses on the list, all received a visit from a code enforcement officer. It’s the first step in a process that can lead to a fine if the business doesn’t cooperate.

Some business owners said the visits stemmed from incorrect reports from people who may have seen things they mistakenly thought weren’t allowed.

For instance: Elbow Room owner Mike Shirinian said a code enforcement officer visited his restaurant because someone saw an advertisement on its website for a wine dinner March 26, well after the emergency order was enacted.

The dinner had been canceled, Shirinian said, but hadn’t been taken off the restaurant’s website.

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Restaurant rules

Several restaurants were visited by code enforcement because of “permitting patrons to congregate, use restaurant/bar seating, and have drinks while waiting for carryout orders,” according to city spokesman Mark Standriff.

“The vast majority of businesses have been really good,” he said. “The ones that have been noticed have worked with us, and that’s why you’ve seen the relatively low number of fines.”

Restaurants are allowed to do takeout – ideally with curbside delivery – including takeout of alcohol sold with food, noted Standriff.

“The idea of the ordinance is to walk in, pick up your order and walk out,” he said. “The idea is to not have people sitting down any place for any length of time.”

Furniture stores, hair salons/barber shops

Restaurants were far from the most common businesses appearing on the list, however.

For example, 19 furniture stores and four hair salons or barber shops were on the list – both businesses specifically ordered to close by the city.

More than 20 smoke and vape shops were visited. Such shops aren’t listed as businesses that shall close, but they’re also not specifically listed as business that can remain open.

Seven auto dealerships also got visits from code enforcement officers. Showrooms and vehicle lots can’t be open to the public, but the businesses can conduct electronic transactions and deliver cars to customers’ homes.

Businesses can be fined $1,000 for the first violation, and $5,000 and $10,000 for the second and third violations. They can also be shut down completely.

This list of which businesses can be open is on the city’s website and is updated twice a week.

To report a business you think should not be open, or to ask questions, email EmergencyOrderFAQs@fresno.gov, or call 559-621-8400.

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This story was originally published April 3, 2020 at 10:19 AM.

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Bethany Clough
The Fresno Bee
Bethany Clough covers restaurants and retail for The Fresno Bee. A reporter for more than 20 years, she now works to answer readers’ questions about business openings, closings and other business news. She has a degree in journalism from Syracuse University and her last name is pronounced Cluff.
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