By Monica Garcia

PHOENIX, AZ (KTVK/KPHO) -- Shut down or face criminal action. That was the notice from the Arizona Health Department given to a Phoenix gym just hours ago.

This comes after Tangible Fitness reopened Tuesday, despite state guidelines saying the percentage of people contracting the coronavirus was still too high.

Just one day after declaring they were open for business, Tangible Fitness was slapped with a notice by the state stating, they “must immediately close for business," and that “by continuing to operate, they were in violation of executive orders.” The notice also reads that owner Chris Scheimann has not “applied or been approved by health services to reopen.”

But Scheimann said he did apply, sharing the email confirmation with Arizona’s Family that he received from the department on July 26. "Most people say they feel safer here then going to the grocery store or all these other places where there are really no guidelines being followed,” said Scheimann. He believes the executive orders are unclear and says when he tried to call for clarification, no one picks up the phone.

"The governor’s office, you call, they say all their lines or the queue is full and then it disconnects you, same thing, you can’t get any kind of answer,” said Scheimann.

In addition to the notice, Phoenix police have shown up to his gym eight different times since he reopened yesterday, seen in surveillance video. "They said they received a call and had to respond by law, and they wanted to know what was going on,” said Scheimann.

Scheimann said he did not receive any tickets or fines, and despite the notice and visits from law enforcement, he plans to continue to stay open, operating at 17 percent capacity. “I have to continue. I have bills to pay; my rent doesn’t change. Nothing changes for me,” said Scheimann.

On Wednesday evening, Gov. Doug Ducey's office released the following statement on gym closures:

"On Monday, the Department of Health Services released public health recommendations for the safe reopening of paused businesses in the state of Arizona, which complies with Judge Thomason's order. Businesses have the opportunity through the attestation process for review of individual circumstances in the event that they are denied the ability to reopen for public health reasons. We will continue to make responsible decisions in the best interest of public health."

Some Valley gyms have been fighting to stay open. One of the larger gyms, Mountainside Fitness, filed for temporary restraining orders and preliminary injunctions to remain open despite COVID-19 health measures from the State of Arizona earlier this summer.

A judge denied the request by the CEO Mountainside Fitness to throw out Gov. Ducey's executive order to close gyms.