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SAN DIEGO (KGTV)- Business owners across San Diego County were bracing for the possibility of shifting back into the most restrictive purple tier Tuesday.The county barely avoided the move and can stay in the red tier for now.“The up and down is very difficult to run any business without having any known information about what the future brings,” said Scott Lutwak, CEO of Fit Athletic Club, which has five locations in the county. “It’s been just a rollercoaster of open and close again.”If the county had to move back into the purple tier, gyms and fitness centers would have to go back to outdoor operations only.“It’s not easy to just move all the equipment that you had inside and move it into your parking lot and create a gym,” he said.Under the red tier, they can operate inside at 10 percent capacity. Lutwak said that’s still just not enough.“This number has been a very difficult number for our industry to digest because we simply cannot operate at 10 percent of our capacity.”Restaurants were also set to move back outside if we hit the purple tier. Under the red, they can offer indoor dining at 25 percent capacity.“There’s no clear path to 100 percent, there’s no plan to get us back open, and that’s really shocking to us,” said Angie Weber, co-owner of Cowboy Star Restaurant and Butcher Shop.She said her East Village business would not survive another shutdown.Weber said California’s color-coded tier system makes things more difficult for already struggling business owners, as they’re constantly worrying about what could happen next.“We need to fix this, we’re just going to be on this seesaw,” she said.While San Diego County teeters between the red and purple tiers with no orange or yellow in sight yet, both Lutwak and Weber hope county leaders and health officials can take back local control.“If we use the governor’s formula, our businesses are basically never going to be able to reopen,” said Lutwak. 1943

SAN FRANCISCO (AP) — Firefighters in California are racing to slow the spread of wildfires that burned nearly one million acres in a week and destroyed hundreds of homes. The fires have killed five people, torched nearly 700 homes and other structures and forced tens of thousands from their houses. Light winds, cooler nighttime weather helped fire crews make a bit of progress on Saturday. But their efforts could be hurt by warm, dry weather, erratic wind gusts and lightning in the forecast. Firefighters are beginning to get help from other states and President Trump issued a major disaster declaration to provide federal assistance. But the state's top fire official warned “the worst is not behind us.” 718

SAN FRANCISCO (AP) — An appeals court has rejected a former Stanford University swimmer's bid for a new trial and upheld his sexual assault conviction.The three-judge panel of the 6th District Court of Appeal ruled unanimously Wednesday that Brock Turner received a fair trial.A San Jose jury in 2016 convicted Turner of sexually assaulting a young, intoxicated woman outside an on-campus fraternity party.Judge Aaron Persky rejected a prosecutor's demand for a lengthy prison term and instead sentenced him to six months in jail. Turner appealed the conviction, arguing he didn't receive a fair trial.Persky's sentence sparked nationwide outrage by those who felt it too lenient. It also led to debate over the criminal justice system's handling of sexual assault victims.Voters recalled Persky in June. 812

SAN FRANCISCO (AP) — California’s coronavirus cases are surging and health officials say social gatherings and people not wearing masks or keeping their distance are fueling the rise. Yet it’s businesses that are paying the price in the form of revenue-sapping restrictions. Business owners say that’s not fair and some medical experts say they have a point. Dr. Peter Chin-Hong, a professor who specializes in infectious diseases at the University of California, San Francisco, said restrictions targeting entire classes of businesses aren't very fine-tuned and don't address specific activities that are driving the increase. 635

SAN DIEGO, Calif. (KGTV) — Pacific Beach restaurants are open for dine-in service for the first time since the pandemic started."People look happy, people are just happy they don't have to cook for themselves right now, they have some place to go where someone can cook for them," Mavericks Event Manager Krista Marcheschi said.Mavericks is a popular destination for drinks and dancing weekend nights, but since the pandemic Marcheschi said they are adhering to the strict guidelines set by the county.RELATED: Encinitas lifeguards out in full force for Memorial DayMarcheschi said they closed on March 15th and reopened last week for take out. She said that made for a much smoother transition to the modified full reopening."We just made sure to call everyone that was employed here pre-pandemic and said hey come back here if you want to we would love to have you," Marcheschi said not everyone took the opportunity to come back.She said they are at about half of the staff and are looking to hire more people with restaurant experience.RELATED: What to know: Changes at San Diego restaurants, retail this Memorial Day weekendMavericks has adapted to the 'new norm'. They have a no-touch menu option, using a QR Code, or one use menu. There are signs on tables showing when it has been sanitized. Stickers on the floor mark socially distant waiting spots for the restroom and hand sanitizer is everywhere.Outside Mavericks turned their parking lot into another seating area, that looks more like a park, with grass and picnic benches.In front of the restaurant large orange cones dictate where parties wait for a table, spaced 10 feet apart, Marcheschi said.RELATED: Pacific Beach's El Prez shut down for violating health orders"If you're doing anything but sitting at your table taking a bite of your food or a sip of your drink you have to have a mask on," she said they're doing their best to stick to the guidelines.Just a few blocks away El Prez remains closed after officials shut it down Friday because guests were not following guidelines.The restaurant owner's sister sent 10News a message reading in part, "My brother (who owns El Prez) has been meeting with local officials coming up with plans all day [Friday]."RELATED: Businesses pushed to Stage 3 fight to reopen in San DiegoSaturday she sent 10News another message saying he was not a bad actor, "he got into a situation that was not intended and closed the restaurant down early. He knows he needs a better plan and is working on that. I hope that together we can come to a resolution. That’s what we all need right now. We need to figure this out together and stop attacking each other. And to remember that we’re all doing the best we can."San Diego Police were out Saturday educating people and businesses about the new policies.Friday Police Chief David Nisleit said they will shut down other businesses if they have to, adding they don't want it to come to that.Marcheschi said Mavericks hasn't seen any trouble so far."We're all in this together, we have to be or else it's just not going to work," she said.Mavericks cannot allow dogs under the current Stay at Home Order. If a patron orders an alcoholic beverage, they must also order food. 3226