Loading...
HomeMy WebLinkAboutP - 03 (2020 Series)_COVID-19 Incident_Proclamation ordering the temporary closure of bars effective at 10PM on July 2, 2020 and limiting the Maximum Occupancy of Bars and Drinking Establishments (2)EMERGENCY SERVICES DIRECTOR PROCLAMATION NO. 3 (2020 SERIES) A PROCLAMATION OF THE EMERGENCY SERVICES DIRECTOR OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ORDERING THE TEMPORARY CLOSURE OF BARS EFFECTIVE AT 10:00 P.M. ON THURSDAY JULY 2, 2020 AND THEREAFTER LIMITING THE MAXIMUM OCCUPANCY OF BARS AND ALCOHOL ESTABLISHMENTS WITHIN THE CITY OF SAN LUIS OBISPO RELATED TO THE PANDEMIC OF VIRUS KNOWN AS COVID-19 WHEREAS, section 2.24.060 of the San Luis Obispo Municipal Code empowers the Emergency Services Director, in the event of the proclamation of a "local emergency" as provided in this subsection, the proclamation of a "state of emergency" by the Governor or the Director of the California Emergency Management Agency, a "federal declaration of emergency" or the existence of a "state of war emergency," to make and issue rules and regulations on matters reasonably related to the protection oflife and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS, section 2.24.020 of the Municipal Code includes an epidemic as one of the proper grounds for proclaiming a local emergency; and WHEREAS, the President of the United States has declared a State of National Emergency; the Governor of the State of California has proclaimed a State of Emergency for the State of California and issued Executive Orders directing measures to mitigate the spread of cases of COVID-19 within the State of California, including social distancing and mandatory use of face coverings in public places (see https://www .cdph.ca .gov/Program /CID/DCDC/CDPH%20Document%20Library/COVID - l9/Guidance-for-Face-Covering 06 -18-2020 .pgf); the San Luis Obispo County Emergency Services Director has proclaimed a local emergency; and the San Luis Obispo County Public Health Director has declared a public health emergency related the spread of cases of COVID-19 within the State of California; the City Council declared a continuing local emergency; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, caused by recent increases in confirmed cases and the continuing risk of spread of the pandemic of the virus known as COVID-19 and the demands on public services to mitigate and respond to those risks, as described in the President's Declaration of a National Emergency, the Governor's Proclamation of a State of Emergency, the County Emergency Services Director's Proclamation of Local Emergency and the County Public Health Director's Declaration of a Public Health Emergency, and all recitals set forth therein, which are included as though fully set forth herein; and WHEREAS, maintenance of appropriate social distancing between non-household individuals and groups and wearing face masks or coverings in public settings and where distance between non-household members cannot be maintained has proven effective in mitigating the spread of COVID-19; and P 03 ESD Proclamation No. 3 (2020 Series) Page 2 WHEREAS, pursuant to the Order of the State Public Health Officer issued on May 7, 2020, the State Public Health Officer has progressively designated businesses that may reopen with certain modifications, based on public health and safety needs, at https://covidl 9 .ca.gov/roadmap and these modifications include the requirements for statewide industry guidance for businesses from California's Resilience Roadmap, including the fifth requirement of the statewide industry guidance for businesses, that all facilities must establish physical distancing guidelines before reopening; and WHEREAS, Governor Newsom and the State Public Health Officer have ordered and directed that all jurisdictions should limit group gatherings and that all persons must wear face masks or coverings in places open to the public and where at least six feet of space between non- household individuals and groups cannot be maintained; and the Order required all Californians to continue to obey the State public health directives made available at https://covidl 9.ca.gov/stay- home-except-for-essential -needs and elsewhere as the State Public Health Officer may provide. WHEREAS, the conditions of extreme peril concerning the spread of COVID-19 warrant and necessitate measures to ensure social distancing and deter large congregations of persons, and high-risk activities that increase the risk of community spread of the COVID-19 virus and the wearing of face coverings or masks consistent with State emergency and public health orders; and WHEREAS, gatherings at bars, pubs, and other on-sale alcohol serving establishments throughout the City, encourages large concentrations of persons indoors, without face coverings and results in alcohol consumption and associated adverse impacts on judgement and social behaviors detrimental to mitigating the spread of COVID-19; and WHEREAS, the City of San Luis Obispo is required to help enforce all restrictions and requirements imposed by the State of California and by the County of San Luis Obispo acting as the health agency; and WHEREAS, since Phase II reopening, the Emergency Services Director and other staff of the City of San Luis Obispo have received numerous complaints and personally observed large congregations of non-household groups gathering indoors in bars, and alcohol serving establishments in the City in violation of social distancing requirements and said establishments appear unwilling or unable to comply with basic distancing requirements to protect the health and safety of patrons and employees of the establishments; and WHEREAS, the Governor has ordered the closure of bars and restaurants in 19 Counties that have been on the State's monitoring list related to significant increases in COVID 19 cases, many of which immediately surround the County of San Luis Obispo and create the likelihood of increased tourism to the City and increased bar activity in the City due to the busy Fourth of July holiday falling on a weekend; and WHEREAS, heightened levels of public health and safety planning and preparedness have been necessitated in preparation for the emergence of confirmed cases of COVID-19 and with recent increases in cases confirmed in the City with bar activity identified as an exposure vector, P 03 ESD Proclamation No. 3 (2020 Series) Page 3 immediate action must be taken to prevent the spread of the virus and to limit high risk activities and gatherings in public serving spaces, requiring rapid response not lending itself to otherwise applicable notice and approval timelines to mitigate against the further spread of COVID-19 and its resulting public health and safety and economic impacts; and WHEREAS, in the absence of such actions, the risk of rapid spread of COVID 19 is increased and county wide health services may become overwhelmed and unable to keep up with medical demand for care and availability of hospital or care facility capacity and the health and safety of persons within the City will be endangered; and WHEREAS, the City of San Luis Obispo Emergency Services Director has considered the risks and deems that temporary closures and additional restrictions on otherwise allowed occupancy limitations in bars and alcohol serving establishments are necessary to prevent the spread of COVID-19. NOW, THEREFORE, BE IT PROCLAIMED by the Emergency Services Director of the City of San Luis Obispo, based on the findings set forth in the recitals above, that: SECTION 1. Pursuant to the City's authority under California Constitution Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations necessary for the protection of the City; the City of San Luis Obispo Charter; and Chapter 2.24 of the San Luis Obispo Municipal Code, emergency measures are necessary to limit large scale social gatherings in public serving spaces that present a high risk of sustained close contact and congregation and transmission of COVID-19 and to advance social distancing and personal hygiene protocols necessary to prevent or minimize the spread of COVID-19 and protect the public health, safety, welfare and economic security of the citizens of San Luis Obispo. SECTION 2. Effective immediately upon notice of this proclamation: A. All bars, breweries, pubs, wine tasting venues and other on-sale alcohol establishments, in the City of San Luis Obispo, excluding production facilities that do not include customer or other public contact and as specified in Section 4 below, are ordered to close no later than 10:00 p.m. on Thursday July 2, 2020 and shall remain closed continuously through Monday, July 6, 2020 at the opening time otherwise specified by any permit, entitlement or regulation issued by the City or other regulatory agency governing business hours of operation. SECTION 3. Effective Monday, July 6, 2020: A. Upon reopening as permitted in Section 2 above, the total occupancy for all bars, breweries, pubs, wine tasting venues and other on-sale alcohol establishments in the City of San Luis Obispo shall be limited to twenty five percent (25%) of the posted maximum occupancy limits for any such business, excluding production facilities that do not include customer or other public contact. P 03 ESD Proclamation No. 3 (2020 Series) Page 4 SECTION 4. Closure exceptions and requirements for open establishments. B. All bars, restaurants, breweries, pubs, wine tasting venues and other on-sale alcohol establishments in the City of San Luis Obispo that regularly provide full service1, dine-in, table service of full meals, provided by a full kitchen, shall be permitted to remain open and operate up to otherwise applicable maximum occupancy limitations related to food service, but only during such times that such full service is actually being offered. Such businesses shall at all times follow state and county guidance for such food service activities and operations; and C. All pick up and waiting areas at all public serving businesses within the City of San Luis Obispo shall limit customer waiting areas in a manner that provides adequate space for six (6) feet of separation between waiting customers from separate households and provides for hand sanitation. Temporary physical markings such as tape or stickers shall be installed to clearly assist the public to physical separate. D. All other public serving businesses shall implement social distancing protocols to ensure that customers of businesses open to the public maintain a six (6) foot distance between customers and otherwise adhere to direction and guidelines from the state and from the County Public Health Director found at http ://www.sl o county .ca.gov/Department /Health-Agency/Public-Health/Novel - Coronavirus-(COVID-19).aspx to assist in limiting the spread of COVID-19 in order to reduce the length and severity of public health and economic impacts. SECTION 5. Incorporation by reference. This Order is issued in accordance with, and incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom, the March 13, 2020 Proclamation by the Director of Emergency Services Declaring the Existence of a Local Emergency in the County, the March 13, 2020 Declaration of Local Health Emergency Regarding Novel Coronavirus 2019 (COVID-19) issued by the Health Director; and the City of San Luis Obispo' s March 17, 2020 Resolution Declaring a Local Emergency and all subsequent and continuing State, County and City orders whether or not specifically referenced herein. SECTION 6. City Council confirmation. This Proclamation shall be presented to the City Council of the City of San Luis Obispo for confirmation at or before its July 7, 2020 meeting, pursuant to San Luis Obispo Municipal Code Section 2.24.060. SECTION 7. Enforcement. This proclamation shall be enforceable, and violations shall be subject to penalties under Municipal Code Sections 2.24.100 and/or Administrative Enforcement under Chapter 1.24 and Resolution No. 11106 (2020 Series), and prior Emergency Resolutions of the City Council. I Full service means tables, chairs, and seated table service that otherwise would restrict occupancy compared to maximum occupancy for bar assembly, which is typically greater. P 03 ESD Proclamation No. 3 (2020 Series) Page 5 SECTION 8. Posting. A copy of this order and regulation shall be broadly publicized and posted on all outside public access doors of City Hall of the City of San Luis Obispo and in one public place within any area of the City within which this order and regulation applies and personnel of the City of San Luis Obispo shall endeavor to make copies of this order and regulation available to the news media. SECTION 9. Warning prior to citation. No criminal citation for violation of this order shall be issued, unless at least one in-person warning or notification of this proclamation has been made at an affected business. The foregoing Proclamation was approved this ~ day of ___ 0i.,.,.__J'---4"'-+-----2020 at 1 (, 'f lo hours. c7 ATTEST: APPROVED AS TO FORM: J. Christine Dietrick City Attorney nson, Emergency Services Director IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this \* day of ..\u.\~ , 2020. Tu~~A ~6 h( -&,.sa. ]lfl,~0"-. Teresa urrington J" City Clerk P 03