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
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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.
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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.
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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
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