Update: Class Order issued – Business licence revoked for J.A.K.K. Tuesdays

Update (Thursday, Nov. 4, 2021):
Kingston, Frontenac, Lennox and Addington (KFL&A) Public Health has now issued an order against J.A.K.K. Tuesdays.

According to the KFL&A Public Health enforcement listings, J.A.K.K. Tuesdays on Progress Avenue was served under the Health Protection and Promotion Act Order, with a Section 22 Order for violation of the Reopening Ontario Act (ROA). The order was issued on Wednesday, Nov. 3, 2021, and listed on KFL&A Public Health’s enforcement listings Thursday, Nov. 4, 2021.

Section 22 of the Health Protection and Promotion Act states:

22 (1) A medical officer of health, in the circumstances mentioned in subsection (2), by a written order may require a person to take or to refrain from taking any action that is specified in the order in respect of a communicable disease.  R.S.O. 1990, c. H.7, s. 22 (1).

Condition precedent to order

(2) A medical officer of health may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds,

(a)  that a communicable disease exists or may exist or that there is an immediate risk of an outbreak of a communicable disease in the health unit served by the medical officer of health;

(b)  that the communicable disease presents a risk to the health of persons in the health unit served by the medical officer of health; and

(c)  that the requirements specified in the order are necessary in order to decrease or eliminate the risk to health presented by the communicable disease.  R.S.O. 1990, c. H.7, s. 22 (2); 1997, c. 30, Sched. D, s. 3 (1).

“On Thursday, November 03, 2021, Dr. Piotr Oglaza, Medical Officer of Health at KFL&A Public Health issued an Order pursuant to Section 22 under the Ontario Health Protection and Promotion Act to J.A.K.K. Tuesdays Sports Pub Inc. to decrease or eliminate the risk of COVID-19 transmission at the food establishment and ultimately, in our community,” KFL&A Public Health relayed, though its enforcement listings date the issuing taking place on Thursday, Nov. 4, 2021.

“The requirements of the order are to comply with all applicable COVID-19 safety measures as outlined in Ontario Regulation 364/20 and remove all signs promoting and advertising non-compliance with COVID-19 safety measures or close the establishment.”

Editorial note: In earlier version of this article, KFL&A Public Health stated that a Class Order was issued to the owner/operator of J.A.K.K. Tuesdays. KFL&A Public Health has since corrected that statement; While an order was issued, it was not a Class Order (Class Orders are issued to multiple businesses/business owner/operators, the local Health Unit clarified).

Original article:

A west-end Kingston sports bar is facing even more operational issues after its business licence was revoked on Wednesday, Nov. 3, 2021.

J.A.K.K. Tuesdays, located on Progress Avenue, has already had its liquor licence suspended by the Alcohol and Gaming Commission of Ontario (AGCO) at the end of September, after the business had announced its plans to defy provincial COVID-19 protocols, particularly around the mandated proof of vaccination for restaurants and bars under the Reopening Ontario Act. That suspension was extended, pending possible permanent revocation, on Tuesday, Oct. 27, 2021.

It is not clear exactly when and why the business licence of the establishment was revoked. Business licencing is a municipal matter, which would make the revocation the authority of the City of Kingston. Requests for information from the City received no response by time of publication. However, the latest Public Health inspection records show that JAKK Tuesdays accrued six violations on Friday, Oct. 22, 2021, which was a follow-up inspection to another inspection.

The infractions listed by Kingston, Frontenac, Lennox and Addington (KFL&A) Public Health include:

• Observation (REPEAT): Food premise not maintained to permit sanitary maintenance of ceilings. (Correction: Every food premise shall be operated and maintained such that the walls and ceilings of rooms and passageways may be readily cleaned and may be maintained in a sanitary condition O. Reg 493/17, s. 7(1)(d))
  Corrected by: Tuesday, Oct. 26, 2021
• Observation (REPEAT): Fail to maintain handwashing stations. (Correction: Every food premise shall be provided with an adequate number of handwashing stations that are maintained and kept adequately supplied and that are situated for convenient access by food handlers O. Reg 493/17, s. 7(3)(c))
  Corrected by: Tuesday, Oct. 19, 2021
• Observation (REPEAT): not listed
• Onservation (REPEAT): Fail to provide required illumination during all hours of operation. (Correction: The levels of illumination required under Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992 shall be maintained in a food premise during all hours of operation. O. Reg 493/17, s. 10
  Corrected by: Tuesday, Oct. 26, 2021
• Observation (REPEAT): Operate food premise – mechanical equipment not maintained to provide sufficient chemical solution rinse. (Correction: Mechanical dishwashers must be so constructed, designed and maintained that the sanitizing rinse is a chemical solution described in clause 19 (b), (c), (d) or (e). O. Reg 493/17. O. Reg 493/17, s. 20 (1) (a) (ii) (B))
  Corrected by: Tuesday, Oct. 26, 2021

All of the infractions are listed as “non-critical observations,” which means, “violations that present a low to moderate health risk for causing an adverse effect but if left uncorrected, they could lead to critical infractions,” according to Public Health.

In keeping with its past reactions to such matters, J.A.K.K. Tuesdays doesn’t seem deterred by the loss of business licence.

“They may knock us down – but they will never knock us out!! You may have heard that our business license has recently been revoked, but do you think that’s going to stop us?” the business wrote on its Facebook page at approximately 9:30 a.m. on Thursday, Nov. 4, 2021.

“If you’re one of the many open minded people who support us then come on out today and let’s stand together,” the post continued. “Your love and support through this time has been a blessing and we thank you every day for it and we can’t wait to see you all today.”

According to various posts on social media, supporters of J.A.K.K. Tuesdays plan to come together at the restaurant and bar at 11 a.m. By 10:45 a.m., a small group of those people were already at the location. Approximately a dozen people entered the building just before 11 a.m.

By 11:20 a.m. on Thursday, Nov. 4, 2021, about two dozen people had entered the J.A.K.K. Tuesdays building, and the ‘Open’ sign was turned on.

Kingstonist will continue to monitor this situation and provide updates as more information becomes available.