COVID In Colorado: Sam's No. 3 In Denver Shut Down For Serving Diners In Enclosed Patio
DENVER (CBS4) -- A popular Denver diner was shut down by the health department on Thursday for allowing people to eat inside an enclosed patio. The Denver Department of Public Health and Environment confirmed Sam's No. 3 in downtown was temporarily closed for violating Level Red coronavirus restrictions.
"They were allowing patrons to dine in an area classified as indoor," said Tammy Vigil with the DDPHE.
Vigil said the public health order requires an "outdoor" space to have two non-adjacent sides open for proper air flow.
The restaurant has an enclosed patio with large windows that open -- and the owners say health department incorrectly classified it as a permanent structure.
Company officials say they pay extra money to the city every year to use the sidewalk space and the temporary structure can be removed within a matter of days if their permit is revoked.
The owner issued the following statement on Friday:
"Out of respect for our guests, the state and local governments, Sam's No. 3 is now and has always been in full compliance with the ever changing rules. Yesterday, our permitted and paid for Enclosed outdoor patio at our Downtown Sam's No. 3 location was deemed permanent. This is incorrect. We pay yearly fees to have this sidewalk encroachment and have done so since 2013. It is a space that if the city deems it wants access to again we must remove our revocable permit and structure within 7 days. That is what defines this structure as temporary. This is not a permanent structure and was built to be removed if necessary by the city. At the time of closure there were two non adjacent openings providing airflow thru this revocable patio then and always during guests visits.
"As of 1:30pm [Friday] we were in communication with Denver Public Health & Environment, and through mutual cooperation, we have gone through the mitigation process and are being allowed to reopen on Saturday for takeout and delivery. DPHE did acknowledge that our patio is a temporary structure. The state of Colorado will be revisiting our patio in the coming days to review the air flow. We hope to be able to reopen our temporary patio soon."