MARTINEZ, Calif. (KRON) - The health department issued a warning to one Contra Costa County restaurant that planned to defy orders and reopen outdoor dining.
At Vic's Martinez, the restaurant has decided to keep the patio closed for outdoor dining.
The county was going to revoke their operating permit if they were to defy orders.
"This is not a boo-hoo sad story, this is the real story of our industry. Small restaurants are not going to make it with takeout only," co-owner Roseanne Meyers said.
Roseanne Meyers co-owner of Vic's Martinez says she was just trying to survive when she planned to defy health orders and reopen for outdoor dining.
She notified customers on social media to make reservations beginning Friday but instead was issued a notice of violation by Contra Costa County Health Department and was told to cease and desist outdoor dining.
"We go above and beyond you know we were going to do the temperature check, contact tracing, tables 8 feet apart," Meyers said.
But county officials defending their decision making.
"We just have to ensure that we follow these orders to stop the spread of the virus," Scott Alonso said.
Scott Alonso from the county District Attorney's COVID-19 Task Force says the DA's office has fined restaurants, gyms, and other businesses since November.
He understands the damage the order is doing to the economy but the county is bracing for a double surge from Christmas and New Years'.
"We want to see them stay open we don't want to close any business down and we don't want to issue fines if we don't have to and most businesses do come into compliance once they understand what the order is and why we have to follow it," Alonso said.
As of Friday, Contra Costa County has nearly 46,000 confirmed COVID cases, 376 deaths, and 288 patients are in the hospital.
The county has 26 ICU beds available - that's nearly 8 percent of them free for new patients.
Outdoor dining closed in December when the Bay Area adopted the state's regional stay at home order. That's expected to extend until intensive care units in the region's hospital system stay about 15 percent.
Back in Martinez, Vic's is open for takeout only.
"We encourage you to support small businesses and restaurants, order when you can, we understand everybody has a different comfort level, request curbside pickup, do takeout but support please any way you can," Meyers said.
Since November, the DA's office issued 14 fines just over $5,000 and will continue to enforce on behalf of the health department.
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