BLD 50s café reopened Tuesday after a re-inspection from the Delaware County Health Department and gaining back their permit to operate until 2011.
The café was shut down Jan. 26 for food handling violations, but reopened again two days later, without giving notification to authorities.
Terry Troxell, supervisor of the health department's food division, said according to state law any restaurant that closes, voluntary or forced, has to call the Health Department to receive its consent.
Troxell said the owner refused to close the restaurant, which prompted the health department to present a court order to close the next day.
However, Steve Nowaczyk, owner of BLD 50s café, said a series of misunderstandings caused the restaurant to shut down.
"What happened on Tuesday [Jan. 26.] is that they came here and that same day we happened to have a broken pipe," he said.
Nowaczyk said he reopened his restaurant two days later, when the pipe was fixed, but he did not think he had to call the Health Department to notify.
"When they got the call they were upset, because I had reopened without their consent," he said.
Nowaczyk said he refused to close when the inspectors went back because they did not have a court order to close.
"The rules are made to be followed, and they had to have a court order," he said. "I'm following the rules."
But Troxell said restaurants "are required to comply with the state and county law." Troxell said the inspectors did not require a court order to shut down the restaurant.
The health department performed a mandatory inspection Monday and Troxell gave the consent for Nowaczyk to reopen the restaurant. BLD 50s cafe will operate on regular hours again.
"We were doing our job," Troxell said. "By making sure food places are handling food properly so the public is safe."
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