URBANA — Apple Dumplin’ restaurant in Urbana is now permanently restricted from operating without a valid health permit.
That was part of a settlement between the restaurant and county health officials spelled out in a permanent injunction order approved Wednesday morning by Judge Benjamin Dyer.
The settlement also included an agreement by restaurant owners Jim and Kathryn Flaningam to comply with all applicable laws, including any notice of requirements issued by the Champaign County Public Health Department.
The agreement also included the dismissal of two related cases — a lawsuit the Flaningams filed against the health department and an ordinance-violation case filed against Kathryn Flaningam for operating a food establishment without a valid health permit.
To get its health permit back, Apple Dumplin’ will need to submit to another health department inspection and give officials a written plan for the provision of food services that are consistent with county ordinances, all notices from the health department and the state’s COVID-19 mitigation restrictions. It will also have to pay a $50 reinstatement fee.
The restaurant at 2014 N. High Cross Road, U has been in a dispute with county health officials since the first week of December, after its permit was suspended for continuing to serve indoors in defiance of a state ban on that type of service at restaurants and bars to help reduce the spread of COVID-19.
If Apple Dumplin’ gets its health permit reinstated, it will be permitted, as are other restaurants, to serve only for carry-out, delivery or outdoors, which the state is currently allowing.
Jim Flaningam said after the hearing that he does plan to offer some carry-out service, hopefully by sometime next week. His restaurant is currently scheduled to be inspected Monday, he said.
When he is able to sell carry-out food, he said, he’ll likely be operating under reduced hours that will include lunch and dinner only.
To date, the Champaign County Health Department and Champaign-Urbana Public Health District, both staffed and operated by the same people, have suspended seven health permits at restaurants in the county. One was reinstated and the rest have yet to go to a hearing or settlement.