Omicron is surging, so why is a Clovis restaurant facing fines for its outdoor dining?
A Clovis restaurant is facing about $7,000 in fines over its outdoor dining and has removed 20 of its outdoor tables to comply with regulations – just as the omicron variant is surging.
Colton’s Social House is a popular restaurant and bar in front of Sierra Vista Mall on Shaw Avenue.
Early in the pandemic, when California shut down restaurant dining rooms, Colton’s majorly expanded its outdoor dining. It moved tables into the parking lot, strung up lights and umbrellas and brought in heaters and coolers, all under temporary permission from the state and city.
Now that outdoor dining space has become a problem. And the fines are coming just as new infections are soaring in Fresno County, hospitals are filling up and diners are again pulling back on eating indoors.
The city ordinance that allowed expanded outdoor dining expired in October. And since Colton’s hasn’t changed its set up, the city has cited and fined it several times.
A warning came first, then fines of $250, $500 and $1,000.
At first, Colton’s owner Jim Souza said he would just take the financial hit and keep the outdoor dining since customers are using it. Then the restaurant was fined $2,000 a week for not complying.
Souza estimates he spent $150,000 expanding outdoor dining during the early days of the pandemic, and the community showed up for it.
“If people are still wanting to sit outside, it’s nice to recoup as much of that as you can,” he said. “It’s pretty hypocritical that right now, at this time, we’re being forced to serve less people outside.”
Clovis, COVID and restaurants
The city wants to work with Colton’s, said Andy Haussler, the assistant city manager who also oversaw the economic development department for more than six years.
The city sent out three or four letters starting in June about the coming changes and made visits to the restaurant, he said. But Colton’s didn’t interact with them, he said.
There are ways to comply with the law and still keep expanded outdoor dining, Haussler said. For example, shade structures over a certain size can trigger fire rules requiring sprinklers and the city would help the restaurant keep the coverings under that size threshold.
Restaurants can also apply for a permit for permanent outdoor dining through a streamlined process that’s quicker than it was in pre-pandemic days.
However, Souza said he doesn’t want to spend thousands of dollars on plans or the work itself yet, particularly if the business ends up moving.
“The hope is compliance,” Haussler said. “We don’t want to ticket any business if we don’t have to. … We did everything we could to get them into a position where they could have expanded dining.”
After Colton’s posted a picture of the citation on social media, the restaurant owner and the city are finally talking amicably.
Colton’s has removed 20 of the 30 tables in its parking lot, along with lights and misters, to comply. A temporary wheelchair ramp has been removed and access to the regular wheelchair ramp and the rest of the parking lot has been restored.
There’s more work to be done, both sides say. For now, Colton’s is still on the hook for the fines, though no new ones have been issued.
Souza said he plans to ask for the fines to be reduced.
What’s up with outdoor dining?
Colton’s is the only restaurant in Clovis that was fined, according to the city.
The City of Fresno hasn’t fined or cited any restaurants over expanded outdoor dining in the last six months. Fresno mayor Jerry Dyer said he supports outdoor dining and the city isn’t planning any enforcement of expanded dining unless there’s a significant threat to health or safety, according to a city spokesperson.
So why is this happening in Clovis? The answer lies in a murky mess of state and local regulations.
In October, Gov. Gavin Newsom signed legislation continuing expanded dining, and previously urged local governments to help businesses continue serving customers outdoors.
But the guidance the state sent to Clovis only relaxed enforcement of the minimum number of parking spaces a business needs, Haussler said.
There are other state codes the city is still required to meet, like building and fire codes and ones relating to the Americans with Disabilities Act, he said.
“Yeah, someone can set up tables. We would want to make sure it’s still safe,” he said. “We need to actually see what they want to do and be part of that process.”
A majority of the issue with Colton’s is solved. Next they’ll need to get Colton’s landlord, Sierra Vista Mall, involved, Haussler said.
“It’s going to take all three of us to get to a resolution,” he said. “As long as they want to, I know we can get there.”
This story was originally published January 7, 2022 at 3:19 PM.
