LODI, Calif. — With rent to pay and a need for income, a rebellious Lodi restaurant was banking on a so-called "loophole" in California's Stay-at-Home orders to keep his business funded.
Before the orders went into effect, Denis Xenos, owner of Denis' Country Kitchen, went looking for a way to protect his employees and keep his business afloat. He called a new $1 membership program a "loophole" that would let him continue with business as usual for indoor and outdoor dining with other guidelines in place.
"The righteous way to do this was not being open to the public but having a members-only facility," Xenos told ABC10. "I decided we're going to do that, so we closed off to the public and are selling memberships for a dollar."
However, San Joaquin County's interpretation of the state's order isn't likely to see the restaurant get off the hook.
"The State’s Health Order applies to all residents and businesses in the State of California. The application of the order is based on the activity being done, regardless what the resident or business calls the activity," said Zoey Merrill, deputy county counsel for San Joaquin County.
Merrill said selling food is covered by the California's restaurant guidance, regardless of what the business calls itself. They interpreted that guidance to apply to other clubs in the county and believe "the State's Order would apply to Denis' Country Kitchen even if they instituted the $1 membership program..."
According to Merrill, the county doesn't know of any loopholes in the state's health orders.
Read more from ABC10
ABC10: Watch, Download, Read
