Downtown Hamilton burger joint charged for vaccine passport violations

A downtown Hamilton burger joint has been charged for allegedly violating the province's proof-of-vaccination program - marking the first business in the city to see charges related to the recently introduced mandate.

Empire Burger, located on King Street West, was charged for vaccine verification violations under the Reopening Ontario Act (ROA) on Sunday, according to the city's online list for COVID-related enforcement.

As of Sept. 22, restaurants with indoor dining are required to ask patrons for proof of vaccination against COVID-19, along with a piece of identification, before allowing them to eat inside.

During the city's COVID-19 update Monday, Emergency Operations Centre director Jason Thorne couldn't provide further details about what exactly led to the business being charged or what action bylaw officers took with the business.

Since the rule went into effect, director of licensing and bylaw services Monica Ciriello said officers would be undertaking progressive" enforcement and providing education" to both businesses and patrons.

The Spectator reached out to Empire Burger on Monday afternoon but did not receive a response.

Thorne said bylaw officers have been responding to complaints involving the program, but a portion of enforcement has also hinged on visiting businesses that have openly stated they won't be enforcing the mandate.

Those do become a priority for some of our proactive enforcement," he said.

When bylaw officers attend a restaurant, Thorne said they are looking to see if they have the required processes in place to check patrons for their vaccine status and identification before allowing them to dine inside.

Thorne said while officers will continue to provide education in some circumstances," residents can expect to see more charges laid against businesses who are flagrantly disregarding" the rules.

Two Hamilton businesses - Nique and the Harbour Diner - previously told The Spectator they would not be enforcing the proof-of-vaccination program. Nique has since temporarily closed its doors amid a Ministry of Labour investigation.

Thorne added that city staff also monitor social media to find businesses posting about their stance on vaccine verification. Those who publicly oppose the mandate are then noted as a target" for enforcement.

Mayor Fred Eisenberger thanked businesses that are outspoken on their positions on the vaccine passport program, noting they make the city's work on enforcement a lot easier."

I don't think it's going to be in their interest to hold onto that theory because 80 per cent or more of the population supports getting vaccinated," said Eisenberger. I'm not sure they're thinking it through."

Over the past week, Thorne said city bylaw officers issued 31 COVID-related charges against more than a dozen different businesses. Most related to masking, physical distancing and signage, he added.

Thorne said bylaw officers have heard confusion" from businesses that thought once the vaccine passport rule came in, previous COVID restrictions were no longer applicable."

We're making sure that we're clear with businesses that (they) still have to do all of those things (they've) been doing for the past several months," he said.

Bylaw enforcement at businesses not affected by the vaccine verification program continues in the city, Thorne said.

Fallon Hewitt is a Hamilton-based reporter at The Spectator. Reach her via email: fhewitt@thespec.com