Walnut Garden shut down by city over violations, including an ‘unsecured’ fuel tank

Walnut Garden, a month-old outdoor restaurant less than a block from Rittenhouse Square, lost a bid Friday in Common Pleas Court to reopen after the city shut it down Tuesday over alleged health and safety violations.

On Friday, it was unclear when Walnut Garden would be cleared to reopen. A city spokesperson said Walnut Garden operator FCM Hospitality had been notified of violations earlier this month, but the cease-operations order was prompted by the discovery on Tuesday of what inspectors said was an unsecured 200-plus gallon tank of diesel fuel in the rear of the property at 1706-10 Walnut St. The spokesperson described this as a “clear and present danger.”

Walnut Garden was powered by generator, pending a hookup by Peco.

On Wednesday, Walnut Garden’s zoning permit was amended to include two generators and a fuel tank, but the restaurant remained closed. On Thursday morning, a stop-work order was posted on the front of the property. It said Walnut Garden must obtain building, electrical, and plumbing permits before it could reopen.

FCM Hospitality owner Avram Hornik told The Inquirer late Tuesday that his company had applied for the permits. He did not reply to subsequent messages. The city spokesperson declined to comment further Thursday, citing the active litigation.

City records show that Walnut Garden received a zoning permit shortly before its May 31 opening, approving it as a take-out restaurant.

Walnut Garden occupies 11,500 square feet on the former site of three buildings that were looted and torched during a night of protest in May 2020.

FCM, which owns a series of outdoor restaurants and bars, including Liberty Point and Morgan’s Pier on Penn’s Landing, operates Walnut Garden through a deal with the company that bought the land in December 2022.

It has been wildly popular since its opening, with a menu of drinks and food inspired by Asian cuisines in a landscaped setting.

In an interview in late April, Hornik told The Inquirer that Walnut Garden would be similar to Parks on Tap, the mobile beer garden that FCM operates with Philadelphia Parks and Recreation. He said Walnut Garden would run this summer and possibly in subsequent years as the developer moves forward with plans for a residential high-rise building with ground-floor retail.

Walnut Garden’s plan had broad support from business and community leaders, who said it would clean up an eyesore. A fence that had been erected after the demolition was covered with graffiti — “a wound on the street” is how Paul Levy of the Center City District described it.

Researcher Ryan W. Briggs contributed to this article.