§ 236.02 Facial Coverings, Social Distancing and Capacity Requirements
   (a)   No person shall operate a business that is subject to the Dine Safe Ohio Order or any amendments thereto unless the business complies with the following:
      (1)   Requires all employees who interact with the public or other employees to wear a facial covering, except for employees who are not required by any Ohio Department of Health's order to wear a facial covering, including, but not limited to the following:
         A.   When facial coverings in the work setting are prohibited by law or regulation;
         B.   When facial coverings are in violation of documented industry standards;
         C.   When facial coverings violate the business' documented safety policies;
         D.   When the employee is working alone in an assigned work area not open to the public; and
         E.   When a functional (practical) reason exists for an employee not to wear a facial covering.
      (2)   Requires all individuals consuming food or beverage to be seated.
      (3)   Establishes the required maximum dining capacity by using updated COVID-19 compliant floor plans as set forth in the Dine Safe Ohio Order or as thereafter amended that ensures that all individuals must be seated to consume food or beverage. As used here "dining capacity" includes those who are consuming food, those who are consuming beverages, and those who are consuming both.
      (4)   Posts at all public entrances the maximum dining capacity, a copy of the COVID-19 compliant floor plan, as described in subdivision (a)(3) of this section, and the maximum reservation or party size limitation as set forth in Dine Safe Ohio Order or as thereafter amended.
      (5)   If the business has an open congregate area for dancing or other activities, as described in the Dine Safe Ohio Order and any amendments thereto, the business shall establish a capacity limit for each such area, which capacity limit complies with the social distancing requirements in the Dine Safe Ohio Order and any amendments thereto, and shall post a notice of each such capacity in each area where individuals can easily see and read the notice. The capacity for open congregate areas is not in addition to the dining capacity.
      (6)   The social distancing requirements in the Dine Safe Ohio Order and any amendments thereto.
      (7)   Requires all individuals entering and remaining in the business to wear a facial covering at all times, unless an individual is exempted under division (c) of Section 602.02 of the Cleveland Codified Ordinances.
   (b)   No employee of a place of business who is required to wear a facial covering under the Dine Safe Ohio Order and any amendments thereto shall fail to do so.
   (c)   No person owning or operating a place of business shall fail to provide, within ten (10) days of receiving a written request from the City, a written justification why an employee is exempt from wearing a facial covering.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)