Loading...
HomeMy WebLinkAboutP - 02 (2020 Series)_COVID-19 Incident_Proclamation closing bars and non-food serving alcohol establishments and prohibiting dine-in service for restaurants within the City of San Luis ObispoEMERGENCY SERVICES DIRECTOR PROCLAMATION NO. 2 (2020 SERIES) A PROCLAMATION OF THE EMERGENCY SERVICES DIRECTOR OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CLOSING BARS AND NON-FOOD SERVING ALCOHOL ESTABLISHMENTS AND PROHIBITING DINE-IN SERVICE FOR RESTAURANTS 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 of life 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; 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 local emergency at its regularly scheduled meeting of March 17, 2020; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, caused by confirmed cases and the 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, 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 WHEREAS, Governor Newsom has directed that all jurisdictions should limit gatherings to 10 people or less, and that bars, pubs, and wineries in the state should close; and P 2 (2020 Series) ESD Proclamation No. 2 (2020 Series) Page 2 WHEREAS, gatherings at bars, pubs, nightclubs, and other alcohol serving establishments throughout the City and County, encourages large concentrations of persons, and results in alcohol consumption and associated adverse impacts on judgement and social behaviors detrimental to mitigating the spread of COVID-19; and WHEREAS, on site dining presents a high risk for exposures of both restaurant staff and patrons to COVID-19; and WHEREAS, in many other locations that are currently suffering an epidemic, testing has showed that the virus has the ability to spread fast and result in serious illness or death to vulnerable populations, including the elderly and those with underlying health conditions and the City of San Luis Obispo will be required to help enforce all restrictions imposed by the State of California and by the County of San Luis Obispo acting as the health agency; 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 now that cases have been confirmed in the County, 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 impacts; and WHEREAS, in the absence of such actions, 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 risk and deems closure of bars and limitations of on-site food service 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 that: SECTION 1. Emergency measures are necessary to limit large scale social gatherings in public serving spaces that present high risk of transmission and in order to advance social distancing and personal hygiene protocols necessary to prevent or minimize the spread of COVID- 19 and protect the public health and safety of the citizens of san Luis Obispo. SECTION 2. Effective immediately upon notice of this proclamation: A.All bars, breweries and wine tasting venues in the City of San Luis Obispo shall close to the public, excluding production facilities that do not include customer or other public contact. B.All restaurants in the City of San Luis Obispo shall be closed for indoor or outdoor seated dining and may be open only for pick-up or delivery. p 2 (2020 Series) ESD Proclamation No. 2 (2020 Series) Page 3 C.Bars, breweries, pubs or other alcohol establishments that include full meals providedby a full kitchen shall follow restaurant guidance and may provide only for pick-up ordelivery options. D.Coffee shops fall under restaurants and may continue to offer pick-up service, but shallnot provide indoor or outdoor seating for customers. E.All pick up areas shall limit customer waiting areas in a manner that provides adequatespace for a six (6) feet of separation between waiting customers and provides for handsanitation. F.All other public serving businesses shall implement social distancing protocols toensure that customers of businesses open to the public maintain a six (6) foot distancebetween customers and otherwise adhere to direction and guidelines from the CountyPublic Health Director found at https://ww, .. slocounty.ca.g v/Depanment·/Heallh­Agency!Publ.ic-Health/N vcl-Coronavirus-(COVLD-19).a. p to assist in limiting thespread of COVID-19 in order to reduce the length and severity of public health andeconomic impacts. SECTION 4. 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. SECTION 5. This Proclamation shall be presented to the City Council of the City of San Luis Obispo for confirmation at its March 20, 2020 meeting, pursuant to San Luis Obispo Municipal Code Section 2.24.060. SECTION 6. This proclamation shall be enforceable and violations shall be subject to penalties under Municipal Code Section 2.24.100. SECTION 7. A copy of this order and regulation shall be 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 8. 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 I</ �h day of fY'\ J\f"C.,h 2020. P 2 (2020 Series) ESD Proclamation No. 2 (2020 Series) Page4 ATTEST: �q -�-Teresa Pumngton � City Clerk IN WITNESS WHEREOF, I have hereu�to set my hand and affixed the official seal of the City of San Luis Obispo, California, this 1 � day of �OJc:<C h , 2020. "J�uh�J Teresa Punin n City Clerk 2 (2020 Series)