State will allow outdoor dining at restaurants in most of state starting Wednesday, with some restrictions

Restaurants in much of the state can serve patrons for outdoor dining—with some restrictions—starting Wednesday. Restaurants in Cibola, San Juan and McKinley counties are not included in the new lifting of patio dining restrictions. The state cited the fact that the northwest region has been hit hard by the virus. The New Mexico Restaurant Association asked that restaurants in Doña Ana County wait until June 1 to open for outdoor dining. Gov. Michelle Lujan Grisham’s office announced late Tuesday that she amended the public health order to allow restaurants in most counties to begin serving patrons in outdoor patio dining areas but the outdoor dining can not be larger than 50 percent of the restaurant’s fire code occupancy.

State suspends permits of restaurants that defied public health

The state suspended the food service permits for two restaurants that defied the state’s public health order and allowed dine-in service. The state Environment Department made the announced Friday afternoon. The two restaurants are Jalisco Cafe in Silver City and Anaheim Jacks in Ruidoso. The department cited a portion of the Food Service and Sanitation Act that states, the department can suspend a license if “conditions within a food service establishment present a substantial danger of illness, serious physical harm or death to consumers who might patronize the food service establishment.”

The restaurants can appeal the decision. If the restaurants continue to serve food, the department warned that they could legally pursue civil penalties in state district court of $500 per person.