Maria Concetto Winery won’t have to pay $1,800 in fines for pouring wine at its outdoor tables in front of its Calistoga tasting room. But the issue prompting the fines has not been fully resolved.

The winery, known for its robotic server, was fined for promoting and serving wine on the sidewalk off Lincoln Avenue, along which the Napa Valley thoroughfare Highway 29 runs.

City officials said in levying the fines, they were responding to citizen complaints, and abiding by municipal code and California government guidelines, since that sidewalk is part of a state right-of-way, enforced by Caltrans. City code also restricts alcohol consumption in “public.”

Maria Concetto owner Maria Reznikova appealed the ruling during a June 5 hearing, requesting the city cancel the fine, of which she paid $100.

The city agreed to do so on July 11, while handing over jurisdiction on the matter to the state, Calistoga Police Chief Mitch Celaya confirmed. It remains uncertain whether the winery will be reimbursed the $100 already paid.

“The conclusion is we don’t have the standing to enforce what Caltrans has made extremely clear. They could call the California Highway Patrol to pick up the stuff,” Celaya said, referring to the prohibition of alcohol and food service in its right-of-way. “Now, they have a lot of priorities. Who’s going to do something about it is the question.”

Some complaints against the tasting room were submitted to the city over months. Last October, one person emailed a complaint about the winery’s signs posted on a truck out front taking “parking away from locals and visitors wanting to eat and shop downtown.” Other complaints involved noise and “patio furniture on the sidewalk.”

If the city receives additional complaints, officials plan to “forward them onto Caltrans.”

“This was allowed during COVID. That’s over,” said Celaya, the police chief, referring to the period when businesses were allowed to expand outdoor service. “That was then. This is now.”

In the meantime, Reznikova has kept her planter, table and chairs on the sidewalk.

“I don’t know what to expect. I don’t have permission, but that still belongs to Caltrans,” she said.

In June, a regional spokesman for the state transportation agency confirmed an encroachment permit would have to be secured through the city in a lease agreement. But Caltrans stopped short of saying it would send out officials to police the streets, Caltrans North Bay district spokesman Bart Ney said at the time.

He sympathized with merchants attempting to do something “enterprising” at best.

As of Tuesday, Caltrans spokesman Vince Jacala said his agency pledged to work with the California Highway Patrol if a business is in violation of the policy.

“If they violate encroachment permits, the state can legally cite them. Caltrans writes guidelines but is not law enforcement,” Jacala said.

It’s unclear whether Caltrans plans to look into the matter.

From a local level, Calistoga Councilmember Kevin Eisenberg also voiced some understanding for Resnikova’s move, but stressed rules are rules.

“I’ve told her to conform to what everybody else is doing. Don’t be an exception,” Eisenberg said. “But I will say, an overwhelming majority want Lincoln Avenue to be a place to sit outside and eat. Our problem is our street is a state highway, and it shouldn’t be a state highway.”