The Whistle Stop Café has been called to court for refusing to stop dine-in service. Monday Jan. 25, 2021 (CTV News Edmonton)

A central Alberta restaurant that refuses to stop offering dine-in service has been called to court.

Bashaw RCMP issued an appearance notice Tuesday at The Whistle Stop Café near Mirror.

Police did not reveal the charge or the person cited on the notice as the charge hadn't been sworn in court yet, but confirmed the notice is for a court date in Stettler on April 22.

"This appearance notice was served in collaboration with, and in support of, Alberta Health Services," RCMP spokesperson Corp. Laurel Scott said.

Tension over public health orders restricting Alberta businesses has mounted in recent days at the café-convenience store-gas station-outdoor theatre.

Owner Chris Scott reopened his diner for fear of otherwise seeing his business fail.

“My closing argument to the health inspector was, either (Alberta Health Services) can open their eyes and see what they’re doing to small business, see what they’re doing to Albertans, or they can make people like me criminals for trying to earn a living,” he told CTV News Edmonton on Saturday.

Scott did not return a request for comment on the notice served Tuesday by time of publication.

Also that day, Alberta's top doctor urged businesses across the province to comply with the measures in place.

Dr. Deena Hinshaw said both police and public health officers continue to get complaints about employers breaking the rules, but said only "when significant risk is demonstrated or continue non-compliance is noted that health inspectors resort to enforcement action.

"But they will enforce orders when needed."