(a) The words in this chapter shall have the meaning given to them in Section 602.01 of the Cleveland Codified Ordinances.
(b) "Operator" means a person who owns, controls, operates, or maintains a business that is subject to the Ohio Director of Health's Dine Safe Ohio Order dated June 5, 2020 ("Dine Safe Ohio Order") and as thereafter amended.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)
(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)
Any place of business that is operated in violation of the provisions of this chapter is declared to be an emergency nuisance, and an abatement order may be summarily issued to the operator to be complied with immediately or the Director of Public Health, or any authorized City officer or employee, shall take such action as is necessary to remedy the emergency nuisance condition.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)
Every act or omission of an agent or employee that constitutes a violation of any provision of this chapter shall be deemed the act or omission of the operator if such act or omission occurs with the approval of the operator, or as a result of the operator's negligent failure to supervise the agent's or employee's conduct. The operator shall be punished for such act or omission in the same manner as if the operator committed the act or caused the omission.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)
(a) Any person who violates subdivision (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of Section 236.02, each constituting a separate offense, shall be issued a verbal warning and, if the violation continues after a reasonable time to take corrective measures, the person shall be subject to a civil penalty of one thousand dollars ($1,000.00) for the first offense and a civil penalty of three thousand dollars ($3,000.00) for each subsequent violation.
(b) Any person who violates division (b) of Section 236.02 shall be subject to a civil penalty of twenty-five dollars ($25.00) for each violation.
(c) The Director of Public Health, Director of Public Safety, or the Commissioner of Environmental Health, and any other officer or employee designated by them, and any Cleveland Police Officer may enforce the provisions of this chapter.
(d) The civil penalties prescribed in this section are in addition to any rights, remedies, or other penalties provided by law.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)
A civil penalty imposed under Section 236.05 may be appealed to the Directors of Public Safety and Public Health ("Directors"), or their designees, within ten (10) days after receipt of the civil penalty. The Directors shall grant the appeal or conduct a hearing, which may be virtual, within thirty (30) days. The Directors shall have jurisdiction to affirm or reverse the civil penalty. A person aggrieved by a final decision of the Directors may further appeal to the Board of Zoning Appeals within thirty (30) days after the Directors' written decision.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)
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