MODESTO, Calif. — The Velvet Grill & Creamery restaurant's case Tuesday for why the city of Modesto should not fine them for repeatedly violating the state's public health order was postponed to a future date.
Throughout the pandemic, the restaurant has decided to allow indoor dining. Stanislaus County was not allowed to move into the red tier on the state's coronavirus risk scale until Tuesday, October 13. The red tier allows for indoor dining at 25% capacity.
Each of Velvet Grill & Creamery Restaurants in Modesto has been fined $1,000 a day for serving customers indoors. The city imposed the civil penalties starting Aug. 29 on the Dale Road and McHenry Avenue restaurants. The restaurants have continued to serve customers indoors and have accumulated large fines.
"The city is trying to fine me for being a public nuisance," said Bill Owen, a co-owner of the restaurant who was at Tuesday's hearing held at the Doubletree Hotel near city hall.
Despite the large fines, plenty of guests stand by the restaurant's decision to keep their doors open.
"I think they need to stay in business," said Pete Rarick, a frequent guest at the restaurant. "They're doing everything right. Everyone is social distancing. I feel safe coming here. This is the only restaurant that I go to because I feel safe...I just feel safe here."
"The hearing officer has a lot of discretion with respect to how to interpret what occurred and, if a penalty is warranted, what that penalty would be," said Tom Griffin, an attorney representing Velvet Grill & Creamery restaurants.
The city says the hearing is all about making restaurants follow the state guidelines for the prevention of the coronavirus."
"There are just a handful, less than a handful actually, that are not complying. So, that's what these enforcement hearings are for. We've tried educating and now it's a matter of enforcement," said Thomas Reeves, spokesperson for the City of Modesto.
The meeting was at full capacity with coronavirus protocols in place, like social distancing and the mandatory wearing of masks. But, many people stood at doorways hoping to come in.
The city would not allow any more inside causing many in the crowd to demand the meeting be held outside or at a bigger venue. The attorneys huddled-up and agreed to do the hearing via Zoom.
The late word Tuesday evening is that a new hearing date and how it will be conducted will be announced on the City of Modesto website.
WATCH MORE: El Dorado County restaurant calls revocation of health permit 'an act of domestic terrorism'
Apple Bistro and Cafe El Dorado recently had their health permits revoked for not following health guidelines set by the state during coronavirus.