(A) Effective at 12:01 a.m. on Wednesday, April 1, 2020, all restaurants, coffee houses, bars, breweries, dance clubs, cafes, and other similar places of public accommodation offering food and beverages for on-site consumption, including any alcohol licensees with on-sale privileges, are closed to on-site/on-sale patrons. These businesses may continue to operate in order to provide take-out, delivery, curbside service and drive-thru service. Any business continuing to operate in order to provide off-site service should implement procedures to ensure social distancing and operate in compliance with federal and state health guidance in order to prevent the spread of the virus causing the COVID-19 disease. The list of the types of businesses closed by this provision may be increased by resolution of the City Council. This closure will remain in effect through Monday, April 20, 2020.
(B) Effective at 12:01 a.m. on Wednesday, April 1, 2020, all recreational facilities, including city-owned parks, pools, health and fitness facilities and clubs, social clubs, fraternal organizations, athletic and weight training facilities, movie and live production theaters, event centers, meeting halls, and music and entertainment venues are directed to close and cease operations. The list of the types of businesses closed by this provision may be increased by resolution of the City Council. This closure will remain in effect through Monday, April 20, 2020.
(C) Effective at 12:01 a.m. on Wednesday, April 1, 2020, all pool halls, video game arcades, video lottery casino operations, bowling alleys, ice skating rinks, and other similar recreational or entertainment facilities are directed to close and cease operations. The list of the types of businesses closed by this provision may be increased by resolution of the City Council. This closure will remain in effect through Monday, April 20, 2020.
(D) The prohibitions and closures in this order do not apply to the following:
(1) Places of public accommodation that offer food and beverages for off-site consumption, including grocery stores, markets, retail stores that offer food, convenience stores, pharmacies, drug stores, and food pantries, other than any portion of such business which would be subject to the requirements of division (A) of this section;
(2) Room service in hotels;
(3) Health care facilities, residential care facilities, congregate care facilities, senior living facilities and correctional facilities;
(4) Crisis shelters, homeless shelters, churches, soup kitchens or other similar institutions;
(5) Any emergency facility necessary for the response to the current public health emergency or any other community emergency or disaster; and
(6) Any other business type or service established by resolution of the City Council.
(E) If the city makes a finding of necessity after conferring with local and regional health and safety officials, it may pass a resolution limiting the size of any communal gathering as defined herein and prohibit any communal gathering in excess thereof for a period of time set forth in such resolution not to exceed the period of time this section remains in effect, which prohibition shall be governed by the following terms:
(1) For purposes of this section, a “communal gathering” is any indoor or outdoor gathering of people, subject to the exceptions and clarifications below, that brings together or is likely to bring ten or more persons at the same time in a single room or other single confined or enclosed space, including, but not limited to an office space or similar confined place of employment, a single-family residence, or a residential apartment unit.
(2) For purposes of this section, a “communal gathering” does not include larger gatherings in the following locations, so long as people take care not to be within six feet of one another for extended periods:
(a) Public parks, sidewalks and streets;
(b) Parking lots and common areas of any hotel, office building or residential apartment buildings;
(c) Grocery stores, or other retail or business establishments where larger numbers of people may be present, but where it is unusual for people to be within six feet of one another for extended periods;
(d) Hospitals, mental health or substance abuse treatment facilities, and medical clinics and facilities; and
(e) Any other location established by resolution of the City Council.
(3) A resolution limiting the size of a communal gathering passed by the City Council in accordance with this section shall be deemed effective immediately upon its publication.
(4) Each person participating in any communal gathering that violates a size restriction established by resolution of the City Council in accordance with this section shall be deemed to be in violation of this section.
(F) If the city makes a finding of necessity after conferring with local and regional health and safety officials, it may pass a resolution requiring that all non-essential businesses within the city must close in-office or on-site personnel functions and cease all in-person customer contact for a period of time set forth in such resolution not to exceed the period of time this section remains in effect, which prohibition shall be governed by the following terms:
(1) For purposes of this section, an “essential business” is not governed or limited by this restriction. An “essential business” means:
(a) Essential health care operations, including, research and laboratory services, hospitals, walk-in-care health facilities, veterinary and livestock services, elder care, medical equipment supply providers and distribution, home health care workers or aides for the elderly, physicians, emergency dental, nursing homes, or residential health care facilities or congregate care facilities;
(b) Essential infrastructure, including all utility providers, fuel supply and transmission, public water and wastewater, solid waste transfer station, telecommunications facilities and data centers, airports, transportation infrastructure such as bus or for-hire vehicles, garages, hotels, and places of accommodation;
(c) Manufacturing;
(d) Essential retail, including grocery stores, pharmacies, convenience stores, gas stations, take-out/delivery restaurant service, farm and ranch supply, hardware and building material stores;
(e) Essential services, including solid waste and recycling collection, processing and disposal, mail and shipping services, laundromats, building cleaning and maintenance, child care services, auto repair, warehouse/distribution and fulfillment, funeral homes, crematoriums and cemeteries, storage for essential businesses, animal shelters, and information technology (IT) services providing support to essential business;
(f) News media;
(g) Financial institutions, including banks, insurance agencies, brokerage firms, payroll and bookkeeping services, tax preparation and accounting services, and services related to financial markets;
(h) Providers of basic necessities to economically disadvantaged populations, including homeless shelters, crisis shelters, congregate care facilities, food banks, human services providers whose function includes the direct care of patients in state-licensed or funded voluntary programs; the care, protection, custody and oversight of individuals both in the community and in state-licensed residential facilities; and other critical human services agencies providing direct care or support;
(i) Construction, including skilled trades such as electricians, plumbers, other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes;
(j) Federal, state, or county agencies under direct control of any branch of the United States federal government, or of the state or of the county;
(k) Essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses, including law enforcement, fire prevention and response, building code enforcement, security, emergency management and response, building cleaners or janitors, general maintenance whether employed by the entity directly or as a vendor, automotive repair, or disinfection; and
(l) An “essential business” shall also specifically include or exclude any business or organization type as clarified by resolution of the City Council, even if the business or organization type is identified herein.
(2) A resolution requiring that all non-essential businesses close in-office or on-site personnel functions and cease all in-person customer contact passed by the City Council in accordance with this section shall be deemed effective immediately upon its publication.
(3) The owner and supervising manager of any non-essential businesses that refuses to close in-office or on-site personnel functions or to cease all in-person customer contact contrary to the provisions of this section shall be deemed to be in violation of this section.
(G) This section shall remain in effect until Friday, December 31, 2021, at which time it shall be automatically repealed without further action of the Winner City Council unless specifically readopted for an additional period of time by the Winner City Council. Any dates identified for closures to automatically end may be extended within the period covered by this section by a resolution of the Winner City Council.
(Ord. 946, passed 3-25-2020; Ord. 953, passed 6-1-2020; Ord. 979, passed 12-30-2020) Penalty, see §
10.99