The Erie County Department of Health is providing the following statement in response to multiple media inquiries about enforcement actions at Athletes Unleashed at 3646 California Road, Orchard Park:
On Tuesday, Nov. 24, a public health sanitarian from the ECDOH division of environmental health delivered a stipulation document to Athletes Unleashed. An individual who identified himself as the owner refused to accept delivery, and the document was taped to the front door of the business.
The stipulation charged this facility with violations of New York State Public Health Law, New York State Rules and Regulations, executive orders and New York State Sanitary Code, 10 NYCRR Subparts 66-3.3(a) and (d). Those charges were related to a nonessential gathering of approximately 40 people on Nov. 20, which was verified by an ECDOH inspection.
At the time of the inspection on Nov. 20, the facility address was located within a New York state cluster action initiative “orange zone,” as defined by New York state executive order 202.68, with a nonessential gathering limit of 10 persons. Further, during a nonessential gathering, the business owner, building owner and those otherwise authorized on their behalf, or otherwise authorized to use the building, did not deny entry to attendees who were not wearing a face covering, as verified by an ECDOH inspection.
The stipulation included notice of a civil penalty in the amount of $15,000 to be paid by Dec. 19, 2020.