Business has been bad for an independent Calgary restaurant that shares the same name as a local brunch chain fined thousands of dollars for health code violations.

Nellie's in the Loop looks similar to the other Nellie's restaurants and is known as a breakfast joint, but it is independent and privately owned.

The public doesn't realize the difference and they are staying away, said general manager Kirk Watson.

Only five tables were filled at lunch on Thursday, yet the restaurant can seat up to 65 people. Watson has had to cut his employees' hours.

"I guess we've been lumped in with the other Nellie's," he said, adding that his restaurant has never received a health violation fine.

However, health inspection reports available on Alberta Health Services website indicate that restaurant has been cited as recently as November for violations, such as perishable foods not being stored at a proper temperature and not having adequate hand washing supplies.

Nellie's chain may not survive: owner

Roxanne Taylor-King, the owner of the other Nellie's restaurants, has been fined more than $60,000 for health code violations that span 12 years.

She pleaded guilty last week to 43 charges under the Public Health Act at five of her six Nellie's restaurants across Calgary, resulting in a fine of $61,870.

Citations handed out by health inspectors dating back to February 1998, include notices for mouse droppings in food in the kitchen.

Her Kensington restaurant was nearly empty on Thursday and Taylor-King looked tired. She said she feels sorry for Nellie's in the Loop.

"I feel heartbroken for them too," she said. "Did we always get it right? No. Will we survive? I don't know."

Meanwhile, Watson said he is considering a re-launch or even changing the name of his restaurant.