Garrett Neese/Daily Mining Gazette Cafe Rosetta, seen last month after closing, could reopen soon after a joint inspection determined the restaurant is not an “imminent threat” to public health if it follows the COVID-19 preparedness plan submitted to the state.

CALUMET — Cafe Rosetta is one step closer to reopening after a joint inspection conducted last week by the Michigan Department of Agriculture and Rural Development (MDARD) and the Western Upper Peninsula Health Department (WUPHD).

MDARD and WUPHD’s March 4 inspection looked to determine if Cafe Rosetta had the proper public health and food safety procedures in place to safely reopen. The cafe, which had become a flashpoint in opposition to the state’s COVID-19 restrictions, closed in February, more than two months after the state suspended its license.

“Based on the results of the joint inspection, WUPHD and MDARD have determined that if Café Rosetta follows the requirements of its Action Plan for MDHHS Emergency Order COVID-19 Compliance, implements and follows COVID-19 mitigation measures, and meets the requirements for ensuring public health and food safety under the Michigan Food Law and Michigan Modified Food Code, an imminent threat to public health no longer exists at the establishment,” MDARD said in a statement Monday.

Ingham County Circuit Court Judge Wanda Stokes must still lift the preliminary injunction against Cafe Rosetta before it can open.

Keeping its food establishment license is contingent upon following the action plan and operating safely, MDARD said in the statement.

“Café Rosetta is required to adhere to the agreement and the Court Order to protect public health and food safety,” MDARD said in the statement. “If Café Rosetta fails to adhere to its Action Plan for MDHHS Emergency Order COVID-19 Compliance or any order issued by MDARD or the Ingham County Circuit Court, MDARD may pursue additional enforcement, which could include reinstating the summary suspension or revocation of the food establishment license. The business may be subject to fines due to its violations of the law.”

A reopening plan provided by MDARD said the restaurant planned to abide by capacity limits — eight customers, for a 25% capacity limit. (The plan, signed by Cafe Rosetta owner Amy Heikkinen, was dated prior to the state’s expansion to 50% capacity.) The limit does not apply to customers who are temporarily there for pickup. The limits also capped the number of people at one table at six.

In an interview after the closing, Heikkinen had singled out mask-wearing as a point yet to be resolved. The reopening plan states Cafe Rosetta will deny entry or service to anyone refused to wear face masks. It requires customers to wear face masks unless they are eating or drinking while seated, unless they are medically unable to tolerate a mask. Cafe Rosetta cannot assume someone wearing a mask has a medical exemption, but they can give “verbal representation” that they fall within one of the exceptions, according to the plan.

Employees must wear a face mask in the dining area and any areas where they cannot maintain 6 feet of separation. If an employee cannot medically tolerate a face mask, they must wear a face shield if in a shared space or within six feet of other people.

Cafe Rosetta will also collect name and contact information from patrons as required for contact tracing, according to its reopening plan. Physical barriers such as clear plastic will also be placed at checkout or other service points.

In addition to a pre-opening inspection, the WUPHD will also conduct a routine inspection within 30 days of Cafe Rosetta reopening, according to the compliance agreement.

Inspections will temporarily double in frequency to every three months. If Cafe Rosetta demonstrates continual compliance at the three-month mark, the inspection schedule will return to normal, according to the compliance agreement.

A phone message was left with Heikkinen Monday afternoon seeking comment.

If there are no further incidents, a reopening would cap a tumultuous period of nearly nine months in which Cafe Rosetta was the subject of investigations and disciplinary actions after failing to abide by COVID-19 emergency orders.

In response to hundreds of complaints, the WUPHD began investigating Cafe Rosetta in July for violating the limits on people gathering and the requirement for mask-wearing, according to a timeline of events included in the compliance agreement. After issuing a warning order in August, the WUPHD ordered the temporary closure of Cafe Rosetta in October.

The conflict escalated in November, when Cafe Rosetta stayed open in defiance of the state’s ban on indoor dining. Cafe Rosetta first refused to comply with a warning order from the WUPHD, then a cease and desist order from MDARD, which suspended Cafe Rosetta’s food service license on Dec. 2.

A court order continuing the suspension was followed by a temporary restraining order and finally a preliminary injunction, which remains in place. That injunction on Jan. 22 came as the court found Cafe Rosetta had acted in contempt of the court order.

After WUPHD documented Cafe Rosetta was still open, the court found it in contempt a second time on Feb. 1.

The third time came on Feb. 12, a week after undercover Michigan State Police officers found the cafe was still open and not complying with COVID-19 protocols including face mask requirements.

By then, Cafe Rosetta had closed, WUPHD said.