(KERO) — The California Department of Alcoholic Beverage Control said it has cited 11 businesses within Kern County for not complying with statewide health orders relating to COVID-19. The ABC said these businesses could face possible disciplinary action.
The businesses cited by the ABC were cited for reasons such as indoor operations, no masks or social distancing. One business was cited specifically for indoor dining as well as allowing consumption of alcohol in an area not licensed by the ABC.
Businesses that were cited spanned throughout the county, including Bakersfield, Arvin, Delano, Rosamond, Ridgecrest and Taft. The following is a list of the businesses cited:
| Taqueria Tampico | 725 Main St. | Delano | ||
| Jarritos Y Mariscos Los Junes Y Mexican Food | 373 Bear Mountain Blvd | Arvin | ||
| Zebra Bar & Grill | 2763 Sierra Hwy. | Rosamond | ||
| Los Panchos | 2309 Brundage Lane | Bakersfield | ||
| Los Panchos | 2309 Brundage Lane | Bakersfield | ||
| The Bank Sports Lounge | 431 North St. | Taft | ||
| Coach's Sports Bar & Grill | 4470 W Rosamond. | Rosamond | ||
| Fury's Sports Bar | 1353 Inyokern Rd. | Ridgecrest | ||
| Whiskey Barrel | 2816 Calloway Dr. | Bakersfield | ||
| Pro Performance Diesel | 12625 Jomani Dr. | Bakersfield |
According to the Department of Alcohol and Beverage Control, "The department would rather gain compliance through conversation and in-person visits, however, when a business is not cooperative, then the department will issue a citation and forward the citation to a District Attorney, and move forward with administrative action against a licensee."
The Kern County District Attorney's Office said it has received a few requests from ABC but so far no criminal charges have been filed against restaurant owners or managers.
"We are also cognizant of the unprecedented pressure on businesses like restaurants, and consider the ever-shifting landscape of regulations and rules as factors as to whether it is in the interest of justice to pursue criminal prosecution," the DA's Office said. "Particularly when the State has the ability to enforce its own mandates and can remedy the issue without need for criminal prosecution of business owners.
Data from the state's website shows that citations in Kern County date back to July of 2020. The most recent violation occurred on New Year's Eve.
The ABC said that administrative action can result in placing the license on probation, a suspension, on up to revocation depending on the track record of the business.
Since July 1, ABC agents have visited close to 100,000 businesses statewide and have written around 170 citations.
While ABC is keeping an eye on those going against the state health orders, a coalition of local restaurants is doing what they can to change those orders.
A lawsuit filed by nearly three dozen local restaurants against Governor Gavin Newsom claiming the governor has exceeded his authority by placing a ban on indoor and outdoor dining in an effort to fight surging COVID cases in the state.
While the lawsuit in Kern County is still making its way through the system, similar lawsuits have seen positive results.
In December 2020, a San Diego judge issued an injunction prohibiting a cease-and-desist order from being enforced on strip clubs and San Diego County businesses with restaurant service. The judge said his ruling encompasses all restaurants, not just strip clubs.
The attorney representing the restaurants in the local lawsuit, Thomas Anton, requested an injunction in Kern County but none was given as of yet. At the last hearing, a Kern County judge asked for further details to be assembled in a brief and presented to the court. A new hearing has not yet been scheduled.
