(A) Definitions. As used herein, the terms below shall have the following meanings.
ESTABLISHMENT. A foodservice establishment or retail establishment.
FACE COVERING. A uniform piece of cloth, fabric, or other material that securely covers a person's nose and mouth and remains affixed in place without the use of one's hands. FACE COVERINGS include, but are not limited to, bandanas, medical masks, cloth masks, scarves, and gaiters, provided that they are worn such that they securely cover the person's nose and mouth.
FOODSERVICE ESTABLISHMENT. Any establishment within the town that sells prepared food on a dine-in, delivery, carry-out, or drive-through basis.
RESPONSIBLE PERSON. With respect to an establishment, means any individual associated with the establishment who has the authority and ability to enforce the requirements of the section within the establishment, such as an owner, manager, or supervisor. RESPONSIBLE PERSON may also include an employee or other designee that is present at the establishment but does not have the title of manager or supervisor, but who has the temporary or designated authority and ability to ensure that the requirements of this section are met while the establishment is open to the public.
RETAIL ESTABLISHMENT. Any retail business, organization, establishment, or facility open to the public within the town, including without limitation:
(a) Grocery stores, convenience stores, and any other establishment engaged in the retail sale of non-prepared food;
(b) Commercial stores engaged in the retail sale of goods or services to the public including without limitation sporting goods stores; furniture and home-furnishings stores; clothing, shoe, and clothing-accessory stores; jewelry, luggage, and leather goods stores; department stores; hardware and home-improvement stores; book, craft, and music stores; florists and flower stores; and all other stores that sell supplies for household consumption or use;
(c) Pharmacies and other stores that sell medications or medical supplies;
(d) Alcoholic beverage stores; and
(e) Laundromats.
(B) Use of face coverings.
(1) All customers are required to wear face coverings while inside the enclosed area of any retail establishment or foodservice establishment;
(2) All retail establishments shall require staff to wear, and those staff shall wear, face coverings while working in areas open to the general public and areas in which interactions with other staff are likely in which social distancing of at least six feet cannot be observed; and
(3) All foodservice establishments shall require staff who interact with customers (including, without limitation, delivery personnel) to wear, and those staff shall wear, face coverings while working.
(C) Exemptions. Face coverings shall not be required:
(1) In outdoor or unenclosed areas appurtenant to retail establishments or foodservice establishments in which social distancing of at least six feet is possible and observed;
(2) For people whose religious beliefs prevent them from wearing a face covering;
(3) For those who cannot wear a face covering due to a medical or behavioral condition;
(4) For children under ten years old, provided that adults accompanying children age two through nine shall use reasonable efforts to cause those children to wear face coverings while inside the enclosed area of any retail establishment or foodservice establishment;
(5) For patrons of foodservice establishments while they are dining;
(6) In private, individual offices;
(7) When complying with directions of law enforcement officers;
(8) In settings where it is not practical or feasible to wear a face covering, including when obtaining or rendering goods or services such as the receipt of dental services or while swimming;
(9) While exclusively with members of a family or the same household, and no person other than such family or household is within the same enclosed area.
(D) Individual violations: civil infraction. Any person violating the provisions of this section by failing to wear a face covering when required shall be guilty of a civil infraction, punishable by a penalty of $25. Each day of a continuing violation of this section shall be considered a separate and distinct offense.
(E) Responsible person violations:
(1) Civil infraction. Any responsible person violating the provisions of this section by failing to require employees of the establishment to wear a face covering when required shall be guilty of a civil infraction, punishable by a penalty of $25. Each day of a continuing violation of this section shall be considered a separate and distinct offense.
(2) Revocation of permits and licenses. In addition to the penalties established by division (E) hereof, repeated violations of this section by a responsible person by failing to require employees of the establishment to wear a face covering may, subject to all procedural protections set forth in the city code, result in the suspension or revocation of any occupancy permit or business license issued to business where the repeated violations occurred.
(3) Public nuisance. In addition to the penalties established by division (E) hereof, repeated violations of this section by a responsible person by failing to require employees of the establishment to wear a face covering are additionally hereby declared to be a public nuisance, which may be abated by the city by restraining order, preliminary and permanent injunction, or other means provided for by the laws of this state. The foregoing notwithstanding, every effort shall be made to bring establishments into voluntary compliance with the terms of this section prior to the commencement of any enforcement action.
(F) Duties of establishments and responsible persons. Establishments and responsible persons shall have a duty to enforce the provisions of this section only against employees of the establishment. Without limiting the generality of the foregoing, no establishment or responsible person shall have any duty to require that customers, visitors, or other members of the general public wear face coverings.
(Ord. 010521, passed 1-19-2021)