DRY RIDGE, Ky. — A Northern Kentucky restaurant is facing a criminal charge for operating without a food license.

What You Need To Know

  • Beans Cafe and Bakery faces criminal charges for violating Gov. Beshear's Executive Orders

  • The cafe and bakery continued to have indoor dining services even though the governor ordered restaurants to shut down

  • Owner says he feels he is being targeted since other restaurants in Kentucky have had their licenses reinstated

  • The owner has a February court date

In November, the Northern Kentucky Health Department suspended the food license for Beans Cafe’s two locations in Boone and Grant Counties.

Beans Cafe and Bakery is among the handful of restaurants that chose to continue in-person dining services to its customers during the weeks the governor closed indoor dining across the state due to the COVID-19 pandemic.

“We gave freedom to people to choose to eat in our dining room and keep our employees employed,” said Richard Hayhoe, owner.

This week, he received these letters of a Criminal Complaint Summons for his two restaurant locations.

“Well, a deputy showed up at my home and gave it to me. It just said you know that you are to appear to answer these charges,” Hayhoe said. 

On November 20, Governor Andy Beshear closed indoor dining for bars and restaurants among other restrictions. 

“You know we went into this fully understanding that could very well happen and we decided that we would pursue this direction that we undertook,” Hayhoe said.

Three days later on Nov. 23, the Northern Kentucky Health Department cited the restaurant by suspending its food service permit for not following the Governor's Executive Orders. 

“No, and that’s another interesting thing. Other places like Brewed in Lexington are, there’s at least one place that I’ve talked to or two that I know that they’ve been reinstated so it kinda seems that I might be a target here,” Hayhoe said.

In a statement, the Northern Kentucky Health Department’s Lynne Saddler, MD, MPH District Director of Health said, “NKY Health routinely receives and investigates complaints from concerned residents and businesses about establishments that are believed to be violating state COVID requirements. The vast majority of establishments in NKY comply with the requirements when investigated and brought to their attention.

Since the Beans establishments continued to operate with a suspended permit, NKY Health referred the matters to the County Attorney's Office in Boone County on December 7 and Grant County on December 8. NKY Health has taken these actions in accordance with Governor Beshear's Executive Order which mandated enforcement steps for establishments regulated by public health (see attached). NKY Health has also worked in consultation with the Kentucky Department for Public Health throughout this process.”

However, for Hayhoe, it’s about the livelihood of his employees and his business.

“We had to do something in order to make sure this holiday season that our staff was able to continue their employment and we chose to do that. and if I have to then go and answer to that into a jury of my peers then I will do so,” Hayhoe said.

The restaurant owner said his court dates in Boone and Grant counties are scheduled in February.

On a separate note, the Lexington-Fayette County Health Department reinstated Brewed Coffee shop’s food permit on December 10 after more than two weeks of being revoked for not following the executive orders.

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