Confused over safety protocols, Morgan Hill business owner hit with $10K in fines

MORGAN HILL, Calif. (KTVU) - A Santa Clara County taproom is reeling after racking up thousands of dollars in fines for violating COVID-19 protocols.

Evan Jaques, owner of The Running Shop and Hops in Morgan Hill said he's trying to comply with the rules. 

He's put in signage, sanitizing stations, outdoor seating, and more. But apparently, he's made mistakes.
 
"So when you get slapped with now over $10,000 in fines from the county for just trying to operate safely, it's hard to comprehend," he said.
 
Jaques said he still doesn't understand.
 
The first $5000 fine came in January, during the shutdown. According to a report, Santa Clara County enforcement officers "observed three people drinking together at a table outside the door without face coverings, and another person drinking alone at a barrel."
 
But Jaques swears he didn't realize people who ordered takeout had lingered outside.
 
"Even though we had no tables or chairs outside and we're not serving anybody outside. Everything was sold to go," he says.
 
The second violation came on Thursday, also for $5000. This time, inspectors said people were sitting at a table indoors.
 
Jaques said he thought the table, next to a 10-foot roll-up door would be compliant with safety protocols. 
 
"I just wanted the opportunity to know what the problem was before it was a problem. Because the way I interpret the guidelines, that table is within the requirement of what is considered outdoor dining," said Jaques.
 
Jaques said he's heard similar complaints from other business owners—too much confusion about the rules, and not enough time to fix mistakes.
 
But late Friday, the county responded, saying The Running Shop and Hops had been issued a written warning in late December.
 
"If you've been previously issued warnings or notices of violations, you are not likely to get a grace period in any further instances with our enforcement officers," said Michael Balliet, director of Santa Clara County's community and business engagement branch.
 
Jaques is hoping that might change.

His business is already struggling with payroll, rent, insurance, and taxes.
He said the county fine will be crippling.
 
"They need to provide education and support, not punishment," he said.
 
Jaques took over the business in September after the pandemic forced the previous owner to sell. He said he's appealing both of the fines.