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The COVID-19 pandemic remains a significant challenge in the City of Los Angeles, particularly in light of the highly contagious delta variant. COVID-19 daily cases and community transmission remain high and, according to health experts, are likely to increase during the coming weeks because respiratory viruses spread more easily in the fall and winter months. The United States Centers for Disease Control and Prevention, California Department of Public Health, and County of Los Angeles Department of Public Health (DPH) uniformly recommend widespread vaccination in order to combat the spread of COVID-19, protect those who cannot be vaccinated by reason of age, safeguard the capacity of the local health care system, and prevent unnecessary and premature deaths. Although vaccines are widely available in the City, many eligible residents are not yet vaccinated. If there is not a significant increase in vaccination coverage, local health experts warn that there will be a cycle of repeated surges every few months. The City has an interest in increasing vaccination rates which, in turn, will help stem the spread of COVID-19 and protect its residents against a disease that threatens the health, safety, and wellbeing of everyone.
On August 24, 2021, the DPH issued a memorandum titled Evaluation of COVID-19 Vaccine Requirements for Indoor Public Spaces, which explained that “[b]ecause Los Angeles County is and has remained at a level of high community transmission, additional layers of protection in certain indoor settings where COVID-19 transmission is more likely to occur must be considered to avoid further negative impacts to the populous and business community.” DPH recommended a vaccination requirement for “indoor public settings that present a higher risk of transmission ... because of exceptions to the universal indoor masking requirement, increased levels of physical exertion by customers, or large numbers of people at an establishment or the close proximity of employees and/or customers for long periods of time.” DPH allowed for municipalities to require more stringent measures.
On September 17, 2021, DPH issued an Order titled Responding Together at Work and in the Community (Order) with the stated goal of slowing the continuously high trends in and level of transmission of COVID-19. The Order advises “[t]he best way to reduce the current level of community transmission and to prevent future surges is for everyone who is eligible, including those who have recovered from a COVID-19 infection, to get fully vaccinated as soon as possible.” Specifically, the DPH Order mandates proof of vaccination or a negative COVID-19 test for Mega Events defined as event with large crowds, including indoor events with greater than 1,000 attendees and outdoor events with greater than 10,000 attendees. The DPH Order also requires proof of vaccination for all indoor spaces at bars, breweries, wineries, distilleries, nightclubs, and lounges. The locations covered under the DPH Order are required to follow the mandates of the Order. The Order also strongly recommends that operators of all restaurants verify the COVID-19 vaccination status of their patrons for indoor service. The Order does not supersede any stricter limitation imposed by a local public entity and, in announcing the Order, the DPH applauded cities across the County for creating additional safeguards in spaces where people are intermingling with the use of targeted vaccination mandates.
In light of the DPH’s guidance, requiring vaccination of all eligible individuals who frequent recreational indoor businesses that allow groups of unassociated individuals to interact for long periods of time where patrons remove their masks to eat or drink, engage in heavy physical exertion, or do not adequately physically distance, will provide the strongest protection to the health and safety of the City’s residents, including those who for reasons of age cannot be vaccinated. Requiring vaccination or proof of a negative COVID-19 test for large outdoor events between 5,000 and 9,999 attendees also will address several factors that increase the risk of transmission at those events, including crowding, prolonged duration, removal of masks for eating or drinking, and the increased likelihood contagious persons are present when a larger number of people are gathered. Additionally, requiring vaccination for individuals who enter City buildings will protect the health and safety of the City’s workforce who themselves must be vaccinated and will protect the public health at large. These requirements also offer an alternative approach to stringent public health measures such as complete business closures that have been implemented previously. The City of Los Angeles Department of Airports must follow federal regulations concerning air travel and should consider best practices employed by other large airports with respect to protecting its employees and travelers.
The City therefore seeks to promote the health, safety, and welfare of its residents, to protect its workers, and to encourage vaccination, by requiring proof of full vaccination with a COVID-19 vaccine to enter recreational locations and events within the City that routinely allow for higher-risk interaction, and City buildings where City workers put themselves at risk to provide services to the general public. On the premises of these establishments, implementation of a vaccination requirement is critical in order to protect the City’s employees, residents, visitors, and businesses, while also attempting to avoid future shutdowns and maintain the City’s economic recovery. Nothing herein shall be interpreted to supersede or modify any Orders issued by the DPH, State Public Health Officer, or federal government.
The following definitions shall apply to this article.
A. City means the City of Los Angeles.
B. Citation means an Administrative Citation issued pursuant to Article 1.2 of Chapter 1 of this Code.
C. City Facility means the Indoor Portion of any building, structure, or premises belonging to or under the control of the City. (Amended by Ord. No. 187,306, Eff. 12/17/21.)
D. Covered Location means any of the following locations in the City:
1. Establishments where food or beverages are served, including, but not limited to, restaurants, bars, fast food establishments, coffee shops, tasting rooms, cafeterias, food courts, breweries, wineries, distilleries, banquet halls, and hotel ballrooms;
2. Gyms and fitness venues, including, but not limited to: gyms, recreation facilities, fitness centers, yoga, pilates, cycling, barre, and dance studios, hotel gyms, boxing and kickboxing gyms, fitness boot camps, and other facilities used for conducting indoor group fitness classes;
3. Entertainment and recreation venues, including, but not limited to, movie theaters, music and concert venues, live performance venues, adult entertainment venues, commercial event and party venues, sports arenas, convention centers, exhibition halls, museums, performing arts theaters, bowling alleys, arcades, card rooms, family entertainment centers, play areas, pool and billiard halls, and other recreational game centers; (Amended by Ord. No. 187,306, Eff. 12/17/21.)
4. Personal care establishments, including spas, nail salons, hair salons, barbershops, tanning salons, estheticians, skin care and cosmetology services, body art professionals, piercing shops, and massage therapy, except as medically required.
A Covered Location does not include any location that does not have an Indoor Portion. A Covered Location does not include any location that is required by a DPH Order to check proof of COVID-19 vaccination status prior to providing indoor service.
Nothing in this article shall be interpreted to preclude locations in the City that are not included in the above list from issuing vaccination requirements. Nothing in this article shall be interpreted to preclude Covered Locations from issuing more stringent requirements than required by this article.
E. COVID-19 means coronavirus disease 2019, the infectious disease caused by the SARS-CoV-2 virus that resulted in a global pandemic, including variants thereof.
F. COVID-19 Vaccine means a vaccine authorized to prevent COVID-19 by the United States Food and Drug Administration (FDA), including by way of an emergency use authorization, or by the World Health Organization (WHO).
G. Full Vaccination/Fully Vaccinated means 14 or more days after completing the entire recommended series of vaccination with a COVID-19 Vaccine. Currently, an individual is considered Fully Vaccinated at least two weeks after receiving a second dose of the Pfizer or Moderna COVID-19 Vaccine or two weeks after receiving the single dose of the Johnson & Johnson Janssen COVID-19 Vaccine.
H. Individual Eligible for a COVID-19 Vaccine means a person 12 years of age or older for whom a COVID-19 vaccine is authorized for use by the FDA, including by way of an emergency use authorization or, in the case of a foreign visitor or traveler, a person 12 years of age or older for whom a COVID-19 Vaccine is authorized by the WHO. (Amended by Ord. No. 187,306, Eff. 12/17/21.)
I. Indoor Portion means any part of a Covered Location or City Facility with a roof or overhang that is enclosed by at least three walls, except that the following will not be considered an Indoor Portion: (1) a structure on the sidewalk or roadway if it is entirely open on the side facing the sidewalk; and (2) an outdoor dining structure for individual parties, such as a plastic dome, if it has adequate ventilation to allow for air circulation.
J. Non-resident Performer means a non- resident performing artist, non-resident professional athlete or sports team, or non-resident individual accompanying a performing artist or sports team as part of their regular employment.
K. Patron means an Individual Eligible to Receive a COVID-19 Vaccine who enters, patronizes, attends an event, or purchases goods or services at a Covered Location. (Amended by Ord. No. 187,455, Eff. 4/1/22.)
L. Photo Identification means an original or copy of an identification card, including: (Amended by Ord. No. 187,455, Eff. 4/1/22.)
1. Driver’s license;
2. Government issued identification card;
3. School or work identification card; or
4. Passport.
M. Proof of Negative COVID-19 Test means a printed document, email or text message displayed on a phone, from a test provider or laboratory that shows results of a polymerase chain reaction (PCR) or antigen COVID-19 test that either has Emergency Use Authorization (EUA) by the U.S. Food and Drug Administration or is operating per the Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services, that was conducted within 72 hours before entry into a Covered Location or City Facility. The printed document, email, or text message must include the person’s name, type of test performed, date of the test, and negative test result. (Amended by Ord. No. 187,455, Eff. 4/1/22.)
N. Proof of Vaccination means one of the following demonstrating proof of Full Vaccination: (Amended by Ord. No. 187,455, Eff. 4/1/22.)
1. A vaccination card issued by the United States Centers for Disease Control and Prevention (CDC) COVID-19 vaccination card, which includes the name of the person vaccinated, type of vaccine provided, and date last dose administered, or similar documentation issued by another foreign governmental agency;
2. A photo of a vaccination card (both sides), compliant with Subsection O.1, above, as a separate physical photograph or stored on a phone or electronic device;
3. Documentation of vaccination from a licensed healthcare provider; or
4. A personal digital COVID-19 vaccine record issued by the State of California or similar documentation issued by another state, local, or foreign governmental jurisdiction, or by a private company. California residents can visit the State of California’s Digital COVID-19 Vaccine Record website at myvaccinerecord.cdph.ca.gov and download a QR Code on a phone.
(Title and Section Amended by Ord. No. 187,455, Eff. 4/1/22.)
A Covered Location may require each Patron to provide Proof of Vaccination or Proof of Negative COVID-19 Test upon entering an Indoor Portion of a Covered Location.
A. Beginning on October 21, 2021, a City Facility shall display prominently on its premises, visible to any persons upon entrance, an advisory notice that, beginning on November 4, 2021, Proof of Vaccination is required to enter any Indoor Portion of a City Facility.
B. Beginning on November 4, 2021, an Individual Eligible for a COVID-19 Vaccine shall provide Proof of Vaccination upon entering an Indoor Portion of a City Facility. A City employee at a City Facility is required to cross-check Proof of Vaccination for each individual who appears to be 18 years of age or older against Photo Identification.
C. An Individual Eligible for a COVID-19 Vaccine who does not provide Proof of Vaccination will be provided alternative arrangements for access to government services, to be determined on a case-by-case basis by each department, including, but not limited to, online or remote service, service outdoors, or providing Proof of Negative COVID-19 Test prior to entering any Indoor Portion of a City Facility.
D. This section does not apply to any individual City employee or contractor covered by the COVID-19 Vaccination Requirement for all Current and Future City Employees, Los Angeles Administrative Code Section 4.700 et seq. This section does not apply to a Non-resident Performer who enters a City Facility for purposes of performing or competing.
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