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Thursday, September 16, 2021
Restaurant Defies Oahu’s new COVID rules--Gets Red Tagged
By News Release @ 6:19 PM :: 3083 Views :: Honolulu County, Small Business, COVID-19

Restaurant Defies Oahu’s new COVID rules

HNN: … some are openly defying the rules, which require them to ensure customers are either fully vaccinated or have proof of a negative COVID result taken with the last 48 hours.

Donald Moriarty, owner of the Doner Shack, is a critic of the state and city COVID mandates.

He said he won’t comply with the rules, and expects to be fined or even shut down.

“You follow the mandates and you lose your business eventually based on your less than 50% customer turnout,” he said, referring to ongoing capacity restrictions.

Several of his customers said they support his views.

“I don’t think we should be pushing that on people. I think it’s up to the person,” Monica Lillywhite, of Kahala, said of the vaccine-or-test rules.

But according to the Hawaii Restaurant Association and the Chamber of Commerce of Hawaii, a majority of the restaurants and businesses on Oahu plan to comply with the new requirements….

read … Most businesses comply with Oahu’s new COVID rules, but enforcing them could prove tricky

KHON: Doner Shack received its initial red placard on Jan. 25 after they received complaints regarding employees not wearing masks

  *   *   *   *   *

HAWAI‘I DEPARTMENT OF HEALTH ISSUES SECOND RED PLACARD TO DONER SHACK FOR NON-PAYMENT OF $3000 FINE AND PERMIT RENEWAL FEES

News Release from DoH, Sep 16, 2021

HONOLULU – The Hawai‘i Department of Health (DOH) Food Safety Branch has issued a Cease and Desist Order and a red “closed” placard to Doner Shack at 79 South Pauahi Street in Honolulu for failing to renew its state permit and failing to pay a $3,000 judgement, from a contested hearing case, against the establishment’s owner Donald Moriarity in June 2021.

The food establishment permit for Doner Shack expired on Sept.10, 2021. Hawai‘i Administrative Rules, Title 11, Chapter 50, Food Safety Code, requires that food establishments pay all outstanding fines to DOH or they shall not have their food establishment permit renewed.

On Jan. 20, 2021, the DOH Food Safety Branch received a complaint alleging that Doner Shack employees were not wearing masks. A health inspector observed repeat violations and a red “closed” placard was issued on Jan. 25 to protect public health. After a health inspector posted the red placard at the establishment, the owner removed the placard and refused to close. This placed him in violation of Hawaii Administrative Rules 11-50, Food Safety Code, which states in part that a placard must be displayed and may not be removed, subject to fines of up to $1000/day/violation. Refusal to close after a red placard is issued and permit suspension may also lead to additional fines of up to $1000/day.

It is critical at this time for all businesses and the public to comply with recent state mandates requiring business owners to ensure both employees and customers properly wear face masks at all times,” said Peter Oshiro, DOH Food Safety branch chief. “This is essential to curbing the spread of COVID-19 in our community, and customers may report food establishments that do not comply.”

The DOH Food Safety Branch protects and promotes the health of Hawai‘i residents and visitors through education of food industry workers and regulation of food establishments statewide. The branch conducts routine health inspections of food establishments where food products are prepared, manufactured, distributed, or sold. The branch also investigates the sources of COVID-19 outbreaks, food borne illnesses and potential adulteration; and is charged with mitigating the same to prevent any future occurrences. DOH food safety specialists work with business owners, food service workers, and the food industry to ensure safe food preparation practices and sanitary conditions.

For more information on the department’s restaurant placarding program go to http://health.hawaii.gov/san/

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