California pizzeria fined $1,000 for improper outdoor setup; symbolic of restaurant challenges

ROHNERT PARK, Calif. - Sonoma County has issued guidelines on tents and canopies for restaurants that provide outdoor dining.

They come too late for a Rohnert Park restaurant owner, fined $1,000 after recent rainstorms.

"I would like to believe that I helped by speeding up the process a little bit," said Cully Williamson, owner of Mary's Pizza Shack on Golf Course Drive.

Williamson has a 20-by-40 foot temporary tent, which doubles his usual outdoor capacity.

It has made all the difference as Sonoma County has been mired in the state's purple tier, with no indoor dining for months.

But after two days of rain last week, Rohnert Park code enforcement cited Williamson for lowering two sides of his plastic tent so customers wouldn't get wet.

"I left an 18-inch gap at the top because that's what the state is looking for ventilation. They say you have to make sure you have ventilation," said Williamson.

He figured his restaurant would meet state guidelines and keep people dry.

But city staff, after two visits, was adamant.

"They said I had to have three sides up and one side down and I told them that's not going to work, no one's going to sit here," he said.

Still, the $1000 citation left him stunned.

"I didn't even know what to say to the guy, it was so unbelievable to me," he said. "Here I am losing money and trying my best so I've got to be creative and figure out a way to survive."

Across the Bay Area, restaurants are throwing up canopies, tarps, and tents in parking lots and curbside, trying to salvage business during winter weather.

"They've been forced to make choices and figure it out on their own and they've done the best they can," said Mark Bodenhamer, CEO of the Sonoma Valley Chamber of Commerce.

The Chamber led the formulation of new guidelines approved by Sonoma County on Monday and issued to business owners.

They comply with but are more explicit than those issued by the state.

"The state calls the shots on this but hasn't given us any framework to operate so businesses have been forced to do their best guesswork," said Bodenhamer.

Restaurants, he says, are caught in a conflict between safety and comfort as they try to winterize.

"Health officers want a lot of air flow, open walls and not much coverage but the customer wants it to be warm and toasty," said Bodenhamer. "So there's push-and-pull and everybody's trying to find that sweet spot where it is relatively COVID-safe but relatively comfortable.”   

The newly released guidelines include six pages of specifications, definitions, and diagrams detailing how temporary coverings should be constructed, anchored and heated.

Notably, only one solid wall is allowed and at least half the combined surface area of all 4 walls must be open and unobstructed.

"Creating that fifty percent rule is the sweet spot, the best balance we could achieve to allow businesses to serve their customers and stay afloat during this challenging time," said Bodenhamer. 

The ban on full walls does make the intrusion of rain unavoidable.

"It's a reality and there's no way around it that will satisfy the health officer and the governor," he added. "Any space that’s protected from the elements is going to be considered an indoor space."

At Mary's Pizza Shack, Williamson had his measuring tape handy as he reconfigured his tent.

He appreciates that the guidelines were drafted with business input.

"They're still confusing and I think there's still some interpretation there," said Williamson, "so it's not perfect but it's better than what we had."

He is very discouraged about the prohibition on using the tarp walls on rainy days.

"Now we'll be able to seat two or three tables in the center of the tent but nowhere else," said Williamson, "and if I can't get enough tables outdoors, I don't know if I'll make it to the Spring."

He has paid the $1000 fine, while also appealing it, and notes it is more than the profit he makes in one month.

Mary's Pizza Shack was founded in Boyes Hot Springs, and has 17 locations, still family-owned after 60 years. 

Williamson's wife is a granddaughter of the original Mary, but they worry about the future of the business and his employees.

"We need government not only to make rules but to figure out ways to help us get through this," said Williamson. "We need to be safe against the virus and still make money."

Debora Villalon is a reporter for KTVU.  Email Debora at debora.villalon@foxtv.com and follow her on Twitter@DeboraKTVU