HomeMy WebLinkAboutRES 20-7262 (PROHIBITION ON QUEUING AT DINE-IN RESTAURANTS) Page 1 of 3 20-7262
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RESOLUTION NO. 20-7262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, IMPLEMENTING EMERGENCY MEASURES TO
PREVENT CUSTOMER QUEUING FOR OUTDOOR DINING AT SIT-
DOWN RESTAURANTS
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE
AS FOLLOWS:
SECTION 1. RECITALS.
A.On March 15, 2020, City of Hermosa Beach (“City”) Mayor Mary Campbell, declared a
local emergency to ensure an effective City response to a respiratory disease which has
been named “COVID-19”. At a special meeting on March 16, 2020, the City Council
adopted Resolution No. 20-7230, approving and ratifying the declaration of emergency.
B.On March 19, 2020, the Governor of the State of California, issued Executive Order N-33-
20, an Order of the State Public Health Officer ordering all individuals living in California
to stay home or at their place of residence except as needed to maintain continuity of
operations of outlined federal critical infrastructure sectors.
C.Evidence in late April and early May demonstrated that state and local orders slowed the
increase of community transfer of the disease by limiting interactions amongst people. As
a result, on May 7, 2020, Governor Newsom, announced a four-staged framework, titled
“Resilience Roadmap” that was intended to guide the state’s gradual modification of its
Safer at Home Order to reopen California. The state also issued industry specific guidance
to help specified businesses reopen under new restrictions, which require businesses to,
among other things, implement social distancing measures.
D.In line with the State’s health guidance, the Los Angeles County Public Health Officer
issued a revised order on May 13, 2020 entitled “Continuation of Safer at Home Order that
begins to move the County of Los Angeles into Stage 2 of the County’s Roadmap to
Recovery,” that authorized some limited retail and outdoor recreation venues to reopen
subject to among other things, social distancing measures to prevent the further spread of
COVID-19. The order was updated again on May 26th, May 29th, June 11th and June
18th, 2020 to continue to allow the gradual reopening of additional sectors including bars,
hair salons, personal care services, gyms and fitness facilities subject to social distancing
measures.
E.The May 29th order for example, permitted restaurants and food facilities to remain open
and offer limited dine-in seating. The order also encouraged restaurants to expand
outdoor seating where possible in compliance with local zoning codes to comply
with social distancing requirements.
F.To assist in the economic recovery of local businesses and restaurants, on May 26,
2020, the City Manager issued Executive Order No. 2020-05 to establish a
“Temporary Permit Program” to allow restaurants and food establishments during the time
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of limited indoor seating capacity and social distancing requirements to set up temporary
outdoor dining areas on public and private properties.
G.Since that time, the State and County have seen a sharp increase in confirmed COVID -19
cases and hospitalizations, and the timing of these increases is in line with the reopening of
“high risk” businesses where individuals may congregate with members who are not part
of the same household and remove their face coverings to eat and drink. As a result, the
County Health Officer issued a revised order on July 1, 2020 to backtrack on the County’s
gradual reopening to prohibit indoor dining and order the immediate closure of bars,
wineries and winery tasting rooms.
H.On July 13, 2020, the State Public Health Officer issued a state-wide order to require the
immediate closure of: (1) indoor and outdoor operations of bars, pubs, brewpubs and
breweries; and (2) indoor operation of restaurant dining, movie theaters, zoos, museums,
cardrooms, wineries and tasting rooms. The order also imposed more stringent
requirements on specified counties, including Los Angeles County that have appeared on
the State’s monitoring list for three consecutive days to order the immediate closure of
indoor operations of the following sectors: gyms and fitness centers, places of worship,
protests, offices for non-critical infrastructure sectors, personal care establishments, hair
salons, barbershops, and malls.
I.Effective August 31, 2020, Governor Newsom’s “Blueprint for a Safer Economy” replaced
the County Data Monitoring List that had been used to regulate permitted activities at the
county level. Under the new framework, every county is assigned to a tier based on its
COVID-19 adjusted case rate and test positivity from the last two weeks. Counties can
progress through four tiers, ranging from “widespread” (Purple Tier 1) to “minimal”
(Yellow Tier 4) community disease transmission. As of October 13, 2020, Los Angeles
County was assigned to Tier 1, which has the strictest limitations on activities. Tier 1
limits restaurants to outdoor dining with modifications.
J.In line with the County’s Tier 1 designation, the County Public Health Officer Order, has
issued a protocol, last revised October 9, 2020, for restaurants that cannot offer indoor
dining. The protocol requires these restaurants to enact measures to ensure physical
distancing while customers are in queue or any other area where customers may
congregate. It also requires restaurants, where possible, to implement technology
solutions to reduce person-to-person interaction such as mobile ordering and menu tablets.
K.The City of Hermosa Beach seeks to facilitate the phased reopening of restaurants in the
City, consistent with County and State orders, and to also promote social distancing to the
greatest extent possible. It is the City’s intention to limit the spread of COVID-19 by
imposing measures that prevent customers dining on-site from congregating while waiting
to be seated.
L.This Resolution is adopted pursuant to the City’s police powers and powers afforded to the
City in time of national, state, county and local emergency during an unprecedented health
pandemic, such powers being afforded by the State Constitution, State law, and the Section
2.56.060 of the Hermosa Beach Municipal Code to protect the peace, health, and safety of
the public, and to protect life and property as affected by the emergency.
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SECTION 2. The following emergency orders shall supersede any previous inconsistent City
Council resolutions and City Manager/Director of Emergency Services Executive Orders and shall
remain in effect until repealed or superseded:
A.No dine-in restaurant shall permit the congregating or lining up of customers in any
public right -of-way. A “dine-in restaurant” means a restaurant that provides
customers the option to dine on the site of the restaurant. The congregating or lining
up of customers outside a dine-in restaurant, in any manner, on sidewalks or other
public rights of way is prohibited.
B.Unless no table is available, a dine-in restaurant must immediately seat a customer in
its outdoor dining area if the customer is dining on -site. In the event no table is
available, the restaurant staff shall ask the customer to wait in a vehicle or at a location
away from the restaurant premis es.
C.Dine-in restaurants shall implement a phone reservation or call -back system that
notifies customers via text, phone call, or other method once a table has become
available. No customer shall be permitted in the dining area until the customer has
been notified by the restaurant that he or she can be seated.
D.Restaurant staff shall be responsible for instructing customers not to form li nes or
congregate in abutting public areas while waiting to be seated.
SECTION 3. Notice of the measures set forth in Section 2 shall be provided on the City’s
website and on the City’s social media platforms .
SECTION 4 . The City Clerk shall certify to the passage and adoption of this Resolution;
shall cause the same to be entered among the original Resolutions of said City; and shall make
minutes of the passage and adoption thereof in the records of the proceedings of the City Council of
said City in the minutes of the meeting in which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 27th day of October, 2020.
_________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
____________________________________ ________________________________
Eduardo Sarmiento Michael Jenkins
City Clerk City Attorney
State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
November 3, 2020
Certification of Council Action
RESOLUTION NO. 20-7262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, IMPLEMENTING EMERGENCY
MEASURES TO PREVENT CUSTOMER QUEUING FOR OUTDOOR
DINING AT SIT-DOWN RESTAURANTS
I, Eduardo Sarmiento, City Clerk of the City of Hermosa Beach do hereby certify that the
above and foregoing Resolution 20-7262 was duly approved and adopted by the City
Council of said City at its regular meeting thereof held via teleconference on the
27th day of October, 2020 and passed by the following vote.
AYES:
NOES:
COUNCILMEMBERS ARMATO, DETOY, FANGARY, MAYOR
PROTEMPORE MASSEY, MAYOR CAMPBELL
NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Eduardo Sarmiento,
City Clerk