El Dorado County restaurant defies injunction to close due to lack of health permit

EL DORADO COUNTY, Calif. - A preliminary injunction prohibiting all operations relating to the Apple Bistro in Placerville has been issued by the El Dorado County Superior Court. On Friday, February 19, 2022, the court said no operations can resume until a health permit is obtained, but the restaurant has continued to be open, and according to their social media, plan on staying open.

The restaurant, on a scenic stretch of US50 between downtown and Apple Hill, has been operating without a health permit since July 2020. Under state law and local County ordinances meant to safeguard the public, all restaurants in the County must have a health permit to operate.

Owner Jennette Waldow and her company, International Farmers Kitchens LLC, have been at odds with the county since pandemic mandates in California set rules for restaurants meant to keep staff and patrons safe. For months, a banner outside the restaurant said no masks were required, and they were open to inside dining, both not allowed when COVID-19 mandates were in place.

In September 2020, the County provided Apple Bistro with $22,736 in Coronavirus Aid, Relief, and Economic Security (CARES) Act monies to offset the costs of the impact of COVID-19 mandates.

In November 2021, the County filed a lawsuit seeking an order from the El Dorado County Superior Court requiring Apple Bistro to close until the owners obtained a permit.

The County issues health permits to more than 800 facilities. Only three restaurants – Apple Bistro, Danette’s Brick Oven Pub, and El Dorado Café – operated outside the State’s COVID-19 mandate, resulting in their health
permits being suspended or revoked. Danette’s Brick Oven Pub and El Dorado Café worked with the County to resolve all issues and obtain the required permits.

The injunction applies not only to Ms. Waldow and her company, but also, to their “agents, employees, representatives, and all persons acting under, in concert with, or for them.” The injunction is effective immediately and remains in place until trial in the lawsuit, which has not yet been scheduled. A trial setting conference is scheduled to take place on March 14, 2022.

The County said they have made it clear to the owners of Apple Bistro that to obtain a permit they would need to take the following steps:
1. Fill out a new permit application
2. Make a $2,313 payment, which is a mandatory penalty for operating a restaurant without a permit under California Health and Safety Code § 114387
3. Allow the County to perform a routine health inspection of the restaurant
4. As with all restaurant inspections, correct any health violations identified during the inspection.

The County pursued the preliminary injunction after the owners failed to take any of these steps.

Separately, the County’s lawsuit requests that the Court assess fines of up to $500 per day for operating Apple Bistro without a permit in an amount to be determined at trial. Although the County has not waived these fines, it has thus far not required Apple Bistro to pay these separate fines in order to obtain a permit.

Messages left earlier this week at the Apple Bistro have not been returned. Since that time, the following note was placed on Facebook: Please do not call the Bistro for any information regarding this.

According to their Facebook page on Thursday, Apple Bistro will stay open every day. There they said, "the injunction is not in place at this time due to unlawful due process, and we have filed a complaint to that effect."