Hamilton bar Bad & Boujee receives record-setting 9 tickets at once for COVID-19 infractions

A bar in downtown Hamilton has received a record-setting nine tickets forCOVID-19 infractions.

Bad & Boujee, whose Facebook page says itoffers"unique" food and beveragessuch as crocodile and "smoking bong cocktails," was ticketed on Oct. 23, according to the city's webpage that tracksbusinesses charged under COVID-19 regulations and local bylaws.

City staff confirmed that's the highest number of charges for a business on a single day.

Each of the nine alleged offences were for failing to comply with orders underthe Reopening Act of Ontario (ROA):

• No contact tracing.
• Vaccine verification violations.
• COVID-19 safety plan violations.
• Failing to screen customers or employees.
• Threecharges for face covering violations.
• Failingto enforce or ensure physical distancing.
• Failing to comply with industry regulations (permitting dancing).

Bad &Boujeeowner Ken Saburnsaid the bylaw officers who handed out the tickets never entered the building.

Instead, he wrote in an email to CBC, they wrote the bar up from outside and asked the bartender to come out and receive the charges.

"They said 'they had done an investigation'but when asked what investigation they could not say," Saburn said.

According to the owner, the bar had a bouncer checking for proof-of-vaccine at the door and making sure people signed in.

He also said masks and hand sanitizer were also on hand for anyone who needed it.

"Before holding someone accountable you need to train them," wrote Saburn."We are expected to go searching for new information daily, meanwhile nothing is ever communicated directly to the restaurants."

Asked about Saburn's statements about the steps his staff were taking to stop the spread of COVID-19, a spokesperson for the city said bylaw could not share any further information on its investigation as the charges arebefore the courts.

Chamber answering businesses's COVID-19questions

Keanin Loomis, CEO of the Hamilton Chamber of Commerce, acknowledged it's been a "tough ride" for businesses during the pandemic.

While it has been hard to keep up with the regulations at times, the situation has settled in recent months and things are loosening rather than tightening, he said.

"Most businesses havebeen following the rules," said Loomis, adding at this point you have to "go out of yourway" not to abide byCOVID-19 regulations.

There have been some issues with bylaw officers not being in sync with the province's regulations, but generally they've been "pretty good with the businesses and not having a heavy hand," hesaid.

Loomis said the city's focus has largely been on education, not enforcement, and the chamber of commerce offers a COVIDconciergefor any owner who still has questions.

"Where you have businessesgetting fined it's not first time they're getting talked to."

The city's website shows Bad & Boujee previously received one ticket under the ROAon Sept. 3 for face covering violations.

Hamilton bylaw officers hadlaid 656charges under the ROA as of Monday.

Fines range under the actrange from$750 to $1,000.

'We will not be able to pay'

Saburn pointed to past interactions with bylaw officers over noise complaints, saying he believes the visits and tickets amount to "harassment."

The bar owner said he intends to take legal steps to challenge the charges.

"We are barely making ends meet as it is. We will not be able to pay for those tickets."

Bad &Boujee has since moved its COVID-19 signageto the front door so it can be seen from outside, he added.

The city confirmed the bardoes not face any other consequences such as having itsliquorof business license revoked.